(a)

For the purpose of this chapter, the city is hereby divided into 19 basic use districts and seven overlay districts as follows:

(b)

Boundaries of these districts are hereby established as shown on the map entitled "Zoning Map for the City of Cudahy, Wisconsin," adopted by the common council with the most recent signed and attested copy on file in the city clerk's office. All notations and references shown on the zoning map are as much a part of this chapter as though specifically described herein. This chapter hereby incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the common council.

(c)

The district boundaries in all districts, except the C-1 Lowland Conservancy District, the FWO Floodway Overlay District, and the FFO Floodplain Fringe Overlay District, shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way, or such lines extended.

(d)

Boundaries of the FWO Floodway Overlay District and the FFO Floodplain Fringe Overlay District shall be determined by the floodway and floodplain limits, respectively, shown on the large-scale topographic maps on file in the office of the public works director. The information shown on the large-scale topographic maps was developed from floodplain studies conducted by the Milwaukee Metropolitan Sewerage District for Edgerton Channel; National Survey and Engineering for Unnamed Tributary No. 1 to Oak Creek (formerly the upstream reach of Ebb's Creek); Earth Tech for the Wilson Park Creek tributary and Unnamed Tributary No. 2 to Oak Creek (formerly the upstream reach of Wilson Park Creek tributary); and the U.S. Army Corps of Engineers for Lake Michigan. Where a conflict exists between the floodplain limits as shown on the large-scale topographic maps and actual field conditions, the elevations from the 100-year recurrence interval flood profile shall be the governing factor in locating the regulatory floodplain limits.

(e)

Boundaries of the C-1 Lowland Conservancy District were based on the wetland inventory maps prepared by the Southeastern Wisconsin Regional Planning Commission on the Commission's 1995 one inch equals 400 feet scale orthophotographs, and include, but are not limited to, all shoreland wetlands five acres or greater in area shown on those maps. The wetlands shown on the 1995 orthophotographs are intended to be illustrations of wetland limits. Precise wetland delineations shall be made by field investigation prior to development to verify C-1 district boundaries.

(f)

Vacation of public streets and alleys shall cause the vacated land to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(g)

Annexations to or consolidations with the city subsequent to the effective date of this chapter shall be placed in the RS-1 Single-Family Residential District, unless the annexation ordinance temporarily places the land in another district. Within one year, the city plan commission shall evaluate and recommend a permanent classification to the common council. Annexations containing floodplains and wetlands shall be placed in the FWO Floodway Overlay District, the FFO Floodplain Fringe Overlay District, or the C-1 Lowland Conservancy District, as may be appropriate.

(Code 2004, § 17.0301)

A certified copy of the zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the mayor and the city clerk and shall be available to the public in the office of the city clerk. Changes made thereafter to the zoning districts shall not become effective until entered and attested on the certified copy. The zoning map shall incorporate by reference the restrictions and requirements of the airport zoning map for General Mitchell International Airport and the attendant regulations set forth in chapter 84 of the Milwaukee County General Ordinances.

(Code 2004, § 17.0302)

The following temporary uses are conditional uses and may be permitted as specified.

(1)

General requirements. Temporary uses may be permitted in a B-1, B-2, B-3, B-5, or any manufacturing district for a period not to exceed ten days. Special requirements may be imposed by the plan commission for parking, sanitary facilities, lighting, and hours of operation. No temporary use listed herein shall be conducted within the street right-of-way. Temporary uses permitted under this section may erect one temporary sign not to exceed 16 square feet in area on one side and 32 square feet in area on all sides. All buildings, tents, equipment, supplies, and debris shall be removed from the site within five days following the temporary activity. The following temporary uses may be permitted:

a.

Flea markets, carnivals, and outdoor group assemblies of 250 people or more.

b.

Circuses and animal shows. The plan commission may limit or prohibit the display of dangerous animals such as tigers or snakes.

(2)

Christmas tree sales for a period not to exceed 60 days per year.

(3)

Farmers markets for a period not to exceed 150 days per year.

(Code 2004, § 17.1007)

In order to preserve the natural topography as much as possible and in order to protect against dangers and damage caused by man-made changes to the existing topography, and to avoid unsightly and hazardous exposed earth sections, no lots or portions of lots nor any parcels of land shall be excavated or filled unless the following conditions are met:

(1)

No slope to be covered with sod, grass seed, or other natural plant material may exceed a gradient of one foot vertical to three feet horizontal.

(2)

A slope protected by riprap construction shall not exceed a gradient of one foot vertical to one foot horizontal.

(3)

A difference in adjacent grades may be protected by a retaining wall providing that the wall is engineered in such a manner as not to collapse. No retaining wall shall exceed four feet in height. A retaining wall may be stepped to achieve greater height. Each step of the wall may be no greater than four feet in height and shall be set back a minimum of two feet from the previous step.

(4)

Approval of any of the methods provided in this section shall be obtained in the following manner:

a.

The applicant shall furnish a topographic survey with a maximum contour interval of two feet prepared by a professional engineer or registered land surveyor showing existing elevations on the subject lot and on adjacent lands within 25 feet of the area to be filled or excavated.

b.

The applicant shall furnish a map showing existing drainage patterns and existing soil types on the subject lot and on adjacent land within 25 feet of the area to be filled or excavated.

c.

The applicant shall furnish a plan showing typical cross-section of the proposed slope, riprap, or retaining wall, the proposed drainage pattern, a planting or sodding schedule and the proposed means of preventing erosion during construction. If a retaining wall is to be constructed, a registered professional engineer shall certify that the wall will not collapse.

d.

The building inspector shall transfer the applicant's plans to the public works director for review and comment, and the building permit shall be issued only after receipt of the director's written report.

e.

The applicant shall complete the proposed work in strict accordance with the approved plan and the time schedule specified in the permit.

(5)

In every instance, no person, occupant, owner of land, or corporation shall remove or cause to be accumulated topsoil or subsoil on any industrial, business, institutional, recreational, or residential district without the proper review and approval of an application for such removal or accumulation by the plan commission. Such removal or accumulation includes, but is not limited to, piles of earth, dirt, topsoil, or subsoil, which has been formed, accumulated or pushed into mounds or piles and which obstruct view or pose a threat to the general safety or welfare of the city with the existence of trenches, holes, or pits caused by such removal or accumulation.

(Code 2004, § 17.1010)

Development in all districts except the RS-1, RS-2, RS-3, RD-1, and RD-2 residential districts shall be landscaped in accordance with this section and shall submit a landscaping plan as part of the required site plan. A minimum of 10 percent of the gross lot area shall be subject to a managed landscape plan. The city plan commission may allow for substitution via public art, public open space, stormwater management features or other public amenities, in whole or part, to meet this requirement.

(1)

Contents of landscape plans. Detailed landscape plans shall include the following information:

a.

The name and address of the property owner, the landscape architect or designer who prepared the plan.

b.

The name of the proposed project.

c.

The date of the landscape plan preparation and any revisions thereto.

d.

A graphic scale and a north point.

e.

A legal description of the property.

f.

A certified survey map, or a sketch drawn to scale approved by the zoning administrator.

g.

The location and caliper (size) of all existing deciduous trees three inches or larger in diameter at breast height (dbh), all existing coniferous trees ten feet or greater in height, and the boundaries of any existing woodlots.

h.

Identification of all trees three inches dbh or greater to be moved or destroyed.

i.

The location of all proposed plantings.

j.

A planting schedule showing all symbols intended to represent plantings, quantities of plant materials, size and caliper of plant materials, root specifications, and special planting instructions.

k.

Typical sections and details of fences, walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements.

l.

Typical sections of landscape islands and planter beds identifying materials to be used.

m.

Details of planting beds and foundation plantings.

n.

Delineation of sodded areas, seeded areas, and wilderness areas indicating square footage, materials to be used, and seed mixtures.

o.

Where landscape or man-made materials are used to provide required screening or buffers from adjacent properties or public rights-of-way, a cross-section shall be provided drawn to a recognized engineering or architectural scale illustrating the perspective of the site from the neighboring property and property line elevation.

p.

Details concerning the appropriate screening of trash dumpsters and mechanical equipment. Trash dumpsters and rooftop and grade-level mechanical equipment should be installed to be unobtrusive and should be screened from public view. Trash dumpsters shall be screened on at least three sides by a solid wall or fence. The height of the wall or fence shall at least equal the height of the dumpster.

(2)

Relation to other plans. All landscape plans shall be integrated with other required grading, drainage, buffer, screening, lighting, site, parking, and signage plans.

(3)

Required landscape planting. The number of plant materials required in order to achieve an appropriate and complete landscape plan for a site shall be as provided below:

a.

Required plant materials shall consist of a mixture of trees, shrubs, and ground cover as approved by the plan commission.

b.

In addition to screening as required by this chapter, every developer shall provide trees at the rate of one tree for each 40 feet, or fraction thereof, of public street frontage. The trees shall be located in the front yard, as defined herein.

(4)

Required buffer planting. Plant materials required for buffering or screening shall be in accordance with section 44-12(5).

(5)

Minimum size of plantings. The minimum size of plantings required by this section shall be as follows:

a.

Deciduous trees shall have a minimum caliper of two inches at a point 4.5 feet above grade.

b.

Coniferous trees shall be a minimum of six feet in height.

c.

Shrubs shall be a minimum of 18 inches in height or spread.

d.

Ornamental trees shall have a minimum caliper of one inch at a point 4.5 feet above grade.

(6)

Method of installation. All deciduous and coniferous trees shall be balled and burl aped, and staked and guyed in accordance with American Association of Nurserymen standards. Trees may also be transplanted with use of a tree spade. All shrubs shall be balled and burl aped, or potted.

(7)

Sodding, seeding and groundcover. All open areas not occupied by buildings, parking, storage areas or planting beds shall be sodded, seeded or planted with groundcover.

(8)

Slopes and berms. Slopes and berms steeper than one foot vertical for each three feet horizontal shall not be permitted without special treatment, such as terracing or retaining walls, as approved by the plan commission.

(9)

Plant protection. All planting beds shall be provided with weed barriers, mulched, and provided with a permanent edge or curbing.

(10)

Woodland preservation. It is the policy of the city to preserve the natural forest and woodland areas in the city, and with respect to specific site development to retain, as far as practical, substantial tree stands which should be incorporated into the site. Credit for the retention of existing trees which are of desirable and acceptable minimum size, species, and location may be given by the plan commission to satisfy other requirements of this section. In addition:

a.

No clear cutting of woodland areas shall be permitted. Deciduous shade trees three inches or larger in caliper and coniferous trees ten feet or greater in height shall be preserved, unless it is demonstrated to the satisfaction of the plan commission that they will unduly restrict development of the site.

b.

All trees destroyed during the development process which were not identified for destruction in the approved landscape plan shall be replaced.

c.

Structures and other amenities shall be located in such a manner that the optimum number of existing trees will be preserved.

d.

Forestation, reforestation, or landscaping shall utilize a variety of tree species and no species currently under disease epidemic shall be used. Species planted shall be hardy under local conditions and compatible with the local landscape.

(11)

Shoreland preservation. Land and vegetation within 50 feet of any navigable body of water, or within 50 feet of a wetland shall be preserved, and shall not be altered except to reestablish native vegetation, or to seed or sod existing disturbed areas.

(12)

Location of trees. Location of trees shall consider the mature height and spread of trees. Trees shall be located in such a manner that no part of the tree shall extend beyond the lot line.

(13)

Landscaping within utility easement. No landscaping shall be permitted within utility easements, drainage easements, or road rights-of-way except with seed or sod. Other plant material may be used with the approval of the public works director.

(14)

Implementation of landscape plans. The plan commission may permit a delay in the implementation of a landscape plan provided that landscaping will be completed within one full planting season and provided that sureties are provided to guarantee completion of the landscaping plan in accordance with section 44-1262(b).

(15)

Maintenance. The owner shall tend and maintain all plant materials in a healthy growing condition. Plantings shall be replaced when necessary and kept free from refuse and debris. All planting material which is dying or damaged beyond recovery shall be replaced within six months or by the next planting season, whichever comes first.

(Code 2004, § 17.1011)

The RS-1 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed 4.8 dwelling units per net acre.

(Code 2004, § 17.0303(intro.))

The following principal uses shall be permitted in the RS-1 Single-Family Residential District:

(1)

Single-family dwellings with an attached garage.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Adult day care homes.

(5)

Child day care homes.

(6)

Essential services.

(Code 2004, § 17.0303(A))

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0303(B))

The following conditional uses shall be permitted in the RS-1 Single-Family Residential District:

(1)

Bed and breakfast establishments, provided that:

a.

A site plan and plan of operation shall be submitted to the plan commission. The site plan shall include a parking plan.

b.

Traffic conditions in the neighborhood shall not be adversely impacted by access to the property, traffic generated by the use, or any other aspects of the proposal.

c.

Adequate off-street parking shall be provided as set forth in section 44-845(9).

d.

All requirements set forth in Wis. Stats. § 254.74 and Wis. Admin. Code ch. DHS 197 shall be fully complied with. Necessary state permits and licenses shall have been secured.

e.

The owner of the bed and breakfast establishment shall reside in the establishment. No bedrooms shall be permitted to be located in an accessory structure.

f.

No more than four rooms shall be rented for such use in any establishment which is located in an area which is predominantly comprised of single-family homes.

g.

Dwellings being considered for conversion to bed and breakfast establishments shall exhibit unique architectural or historic characteristics.

h.

Individual rentals shall not exceed five consecutive days in length.

i.

One exterior advertising sign, not exceeding four square feet in area, may be erected on the premises.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of nine or more persons.

(3)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0303(C); Ord. No. 2359, 4-6-2011)

Lots shall be a minimum of 9,000 square feet in area and shall be not less than 75 feet in width.

(Code 2004, § 17.0303(D))

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area of a principal building shall be 1,400 square feet.

(c)

Detached accessory structures shall comply with the area requirements set forth in section 44-903(1)d.

(Code 2004, § 17.0303(E))

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0303(F))

To encourage a residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RS-1 Single-Family Residential District shall not be issued without review and approval of the building inspector or zoning administrator. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0303(G); Ord. No. 2559, § 3, 8-19-2025)

The RS-2 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed 6.1 dwelling units per net acre.

(Code 2004, § 17.0304(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RS-2 Single-Family Residential District:

(1)

Single-family dwellings, with or without an attached garage.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i):

(3)

Foster family homes.

(4)

Adult day care homes.

(5)

Child day care homes.

(6)

Essential services.

(Code 2004, § 17.0304(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0304(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RS-2 Single-Family Residential District:

(1)

Bed and breakfast establishments, provided that:

a.

A site plan and plan of operation shall be submitted to the plan commission. The site plan shall include a parking plan.

b.

Traffic conditions in the neighborhood shall not be adversely impacted by access to the property, traffic generated by the use, or any other aspects of the proposal.

c.

Adequate off-street parking shall be provided as set forth in section 44-845(9).

d.

All requirements set forth in Wis. Stats. § 254.74 and Wis. Admin. Code ch. DHS 197, shall be fully complied with. Necessary state permits and licenses shall have been secured.

e.

The owner of the bed and breakfast establishment shall reside in the establishment. No bedrooms shall be permitted to be located in an accessory structure.

f.

No more than four rooms shall be rented for such use in any establishment that is located in an area which is predominantly comprised of single-family homes.

g.

Dwellings being considered for conversion to bed and breakfast establishments shall exhibit unique architectural or historic characteristics.

h.

Individual rentals shall not exceed five consecutive days in length.

i.

One exterior advertising sign, not exceeding four square feet in area, may be erected on the premises.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of nine or more persons.

(3)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0304(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2273, 12-18-2007; Ord. No. 2359, 4-6-2011)

Lots shall be a minimum of 7,200 square feet in area and shall be not less than 60 feet in width.

(Code 2004, § 17.0304(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2273, 12-18-2007; Ord. No. 2359, 4-6-2011)

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area of a principal building shall be 1,100 square feet.

(c)

Detached accessory structures shall comply with the area requirements set forth in section 44-903(1)d.

(Code 2004, § 17.0304(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than five feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0304(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RS-2 Single-Family Residential District shall not be issued without review and approval of the building inspector or zoning administrator. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0304(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 4, 8-19-2025)

The RS-3 residential district is intended to provide for the location of manufactured home parks and manufactured home subdivisions in a residential setting that is compatible with adjacent land uses. Manufactured homes are declared herein to be residential structures and entitled to the same protection from incompatible uses as is afforded in other residential districts.

(Code 2004, § 17.0305(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

The following uses shall be permitted in the RS-3 Manufactured Home Residential District:

(1)

Individual manufactured homes on lots in a manufactured home subdivision.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Adult day care homes.

(5)

Child day care homes.

(6)

Essential services.

(Code 2004, § 17.0305(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0305(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

The following conditional uses shall be permitted in the RS-3 Manufactured Home Residential District:

(1)

Manufactured home parks, provided that:

a.

The minimum manufactured home park size shall be five acres.

b.

The minimum manufactured home park width shall be 300 feet.

c.

The maximum number of manufactured home sites within a manufactured home park shall be eight units per gross acre.

d.

A minimum of 20 percent of the manufactured home park development area, exclusive of streets, shall be devoted to open space uses.

e.

The minimum lot area for a single module manufactured home shall be 4,000 square feet. The minimum lot width shall be 30 feet.

f.

The minimum lot area for a double module manufactured home shall be 5,000 square feet. The minimum lot width shall be 50 feet.

g.

No manufactured home unit shall be located closer than 35 feet to a manufactured home park exterior lot line.

h.

The minimum setback between a manufactured home unit and a service road shall be 20 feet.

i.

The minimum distance between manufactured home units shall be 15 feet.

j.

All drives, service streets, parking areas, and walkways shall be surfaced with dust-free material. There shall be a minimum of two parking spaces per manufactured home unit.

k.

No manufactured home sales office, or other business or manufactured home use, shall be located on the manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and a manager's office are permitted.

l.

Each manufactured home park shall be completely enclosed, except for permitted entrances and exits, by either:

1.

A temporary planting of fast-growing landscape material capable of reaching a height of ten feet or more; or

2.

A permanent evergreen planting, the individual trees to be of such a number and so arranged that within years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than ten feet.

m.

All manufactured homes shall meet the construction standards of the United States Department of Housing and Urban Development (HUD).

n.

No manufactured home lot shall be rented for a period of less than 30 days.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of nine or more persons.

(3)

Utility substations, municipal wells, pumping stations and towers, provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0305(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

Nothing herein shall permit parking or standing of a manufactured home on any street, alley or highway, or other public place, or on any tract of land owned by any person within the city not properly zoned and not an approved manufactured home subdivision or park.

(Code 2004, § 17.0305(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

Lots shall be a minimum of 7,200 square feet in area and shall be not less than 60 feet in width.

(Code 2004, § 17.0305(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area of a principal building shall be 720 square feet.

(c)

Detached accessory structures shall comply with the area requirements set forth in section 44-903(1)d.

(Code 2004, § 17.0305(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

(a)

Manufactured homes on subdivision lots shall have a minimum street yard setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings not less than five feet in length.

(c)

There shall be a rear yard of not less than 25 feet in length.

(Code 2004, § 17.0305(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

Manufactured home parks existing prior to the effective date of this chapter shall be subject to the following requirements:

(1)

Shall provide no more than 125 mobile home spaces.

(2)

Shall not reduce the overall parcel area without reducing the number of home spaces.

(3)

Shall require homes to have a minimum living area of 600 square feet.

(4)

Shall provide a minimum side-to-side separation between homes of 15 feet and back-to-back separation of not less than ten feet.

(5)

Shall provide a distance not less than 25 feet to a public right-of-way and not less than ten feet to an interior property line.

(6)

Shall limit the size of individual home accessory structures to ten by ten or not greater than one per space. If the accessory structure is to be located less than ten feet from any manufactured home or mobile home, fire separation requirements in accordance with Wis. Admin. Code ch. SPS table 321.08 shall be applied to the accessory structure.

(7)

Shall not allow the construction of enclosed additions or attachments.

(8)

Shall allow the construction of attached porches and decks provided the required minimum home separation distances are maintained and the structural requirements of the current city building codes are met.

(Code 2004, § 17.0305(H); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2119, 11-16-2004)

The RD-1 residential district is intended to provide for single-and two-family residential development at densities not exceeding 9.7 dwelling units per net acre.

(Code 2004, § 17.0306(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RD-1 Single-Family and Two-Family Residential District:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(4)

Foster family homes.

(5)

Adult day care homes.

(6)

Child day care homes.

(7)

Essential services.

(Code 2004, § 17.0306(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0306(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RD-1 Single-Family and Two-Family Residential District:

(1)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of nine or more persons.

(2)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(3)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0306(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Lots shall be a minimum of 9,000 square feet in area and shall not be less than 75 feet in width.

(Code 2004, § 17.0306(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area of a single-family building shall be 1,400 square feet.

(c)

The total minimum floor area of a two-family building shall be 2,200 square feet. The minimum floor area of each unit within a two-family building shall be 1,100 square feet.

(d)

Detached accessory structures shall comply with the area requirements set forth in section 44-903(1)d.

(Code 2004, § 17.0306(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0306(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RD-1 Single-Family Residential and Two-Family Residential District shall not be issued without review and approval of the building inspector or zoning administrator. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0306(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 5, 8-19-2025)

The RD-2 residential district is intended to provide for single-family and two-family residential development at densities not exceeding 12.1 dwelling units per net acre.

(Code 2004, § 17.0307(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RD-2 Single-Family and Two-Family Residential District:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(4)

Foster family homes.

(5)

Adult day care homes.

(6)

Child day care homes.

(7)

Essential services.

(Code 2004, § 17.0307(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0307(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RD-1 Single-Family and Two-Family Residential District:

(1)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of nine or more persons.

(2)

Conversion of existing commercial buildings or mixed commercial/residential buildings to exclusive residential use, provided that:

a.

A site plan shall be submitted to the plan commission for approval. The site plan shall include a parking plan.

b.

The plan commission shall determine that adequate off-street parking will be available to serve all dwelling units in the converted building.

c.

There shall be a minimum floor area of 800 square feet for each dwelling unit.

d.

There shall be a minimum of 1,500 square feet of lot area for each dwelling unit.

e.

The architectural design of the converted building shall be compatible with the surrounding area.

(3)

Utility substations, municipal wells, pumping stations and towers, provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0307(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Lots shall be a minimum of 7,200 square feet in area and shall not be less than 60 feet in width.

(Code 2004, § 17.0307(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area of a single-family building shall be 1,100 square feet.

(c)

The total minimum floor area of a two-family building shall be 1,600 square feet. The minimum floor area of each unit within a two-family building shall be 800 square feet.

(d)

Detached accessory structures shall comply with the area requirements set forth in section 44-903(1)d.

(Code 2004, § 17.0307(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than five feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0307(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RD-2 Single-Family and Two-Family Residential District shall not be issued without review and approval of the building inspector or zoning administrator. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0307(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 6, 8-19-2025)

The RM-1 residential district is intended to provide for multifamily residential development at densities not to exceed 14.5 dwelling units per net acre for efficiency apartments; or 12.4 dwelling units per net acre for one-bedroom apartments, or 10.9 dwelling units per net acre for two-bedroom apartments; or 8.7 dwelling units per net acre for three-bedroom apartments; or 12.1 dwelling units per net acre for two-family residential structures; or a proportionate combination not to exceed the above ratios.

(Code 2004, § 17.0308(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RM-1 Multifamily Residential District:

(1)

Two-family dwellings.

(2)

Multiple-family dwellings, not to exceed eight dwelling units per structure.

(3)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(4)

Foster family homes.

(5)

Adult day care homes.

(6)

Child day care homes.

(7)

Essential services.

(Code 2004, § 17.0308(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0308(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RM-1 Multifamily Residential District:

(1)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of 16 or more persons.

(2)

Housing for the elderly projects not exceeding 22 units per acre. Housing for the elderly may exceed eight dwelling units per structure when, in the opinion of the plan commission, such increase is warranted.

(3)

Rest homes, nursing homes, clinics, and children's nurseries provided that all principal structures are not closer than 50 feet to a lot line.

(4)

Utility substations, municipal wells, pumping stations and towers, provided that the use is not less than 50 feet from any lot line.

(5)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0308(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

Lots shall be a minimum of 9,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

(1)

Efficiency apartments: 3,000 square feet per dwelling unit.

(2)

One-bedroom apartments: 3,500 square feet per dwelling unit.

(3)

Two-bedroom apartments: 4,000 square feet per dwelling unit

(4)

Three-bedroom or larger apartments: 5,000 square feet per dwelling unit.

(b)

No lot shall be less than 75 feet in width.

(Code 2004, § 17.0308(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or part of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height; unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-233.

(b)

The total minimum floor area of a two-family building shall be 1,600 square feet. The minimum floor area of each unit within a two-family building shall be 800 square feet.

(c)

The minimum floor area per unit of a multifamily building shall be as follows:

(1)

Efficiency dwelling unit: 400 square feet per dwelling unit.

(2)

One-bedroom dwelling unit: 600 square feet per dwelling unit.

(3)

Two-bedroom dwelling unit: 800 square feet per dwelling unit

(4)

Three-bedroom apartment or larger: add 150 square feet of total floor area for each additional bedroom.

(Code 2004, § 17.0308(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0308(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a multifamily residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RM-1 Multifamily Residential District shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0308(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 7, 8-19-2025)

The RM-2 residential district is intended to provide for multifamily residential development at densities not exceeding 21.8 dwelling units per net acre for efficiency apartments, or 17.4 dwelling units per net acre for one-bedroom apartments; or 14.5 dwelling units per net acre for two-bedroom apartments; or 12.4 dwelling units per net acre for three-bedroom or larger apartments; or a proportionate combination not to exceed the above ratios.

(Code 2004, § 17.0309(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RM-2 Multifamily Residential District:

(1)

Multifamily dwellings.

(2)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity for 15 or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Foster family homes.

(4)

Adult day care homes.

(5)

Child day care homes.

(6)

Essential services.

(Code 2004, § 17.0309(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0309(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RM-2 Multifamily Residential District:

(1)

Community living arrangements, and community-based residential facilities (CBRF), which have a capacity of 16 or more persons.

(2)

Housing for the elderly provided that the density of such housing shall not exceed 22 units per acre and shall meet the minimum per unit building area specified below.

(3)

Rest homes, nursing homes, clinics, and children's nurseries provided that all principal structures are not closer than 50 feet to a lot line.

(4)

Utility substations, municipal wells, pumping stations and towers, provided that the use is not less than 50 feet from any lot line.

(5)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0309(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

Lots shall be a minimum of 9,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

(1)

Efficiency apartments: 2,000 square feet per dwelling unit.

(2)

One-bedroom apartments: 2,500 square feet per dwelling unit.

(3)

Two-bedroom apartments: 3,000 square feet per dwelling unit.

(4)

Three-bedroom or larger apartments: 3,500 square feet per dwelling unit.

(b)

No lot shall be less than 75 feet in width.

(Code 2004, § 17.0309(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or part of a principal building shall exceed 35 feet in height, unless a lesser height is required to comply with the limitations set forth on the airport zoning map for General Mitchell International Airport. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height.

(b)

The minimum floor area per unit shall be as follows:

(1)

Efficiency dwelling unit: 300 square feet per dwelling unit.

(2)

One-bedroom dwelling unit: 450 square feet per dwelling unit.

(3)

Two-bedroom dwelling unit: 600 square feet per dwelling unit.

(4)

Three-bedroom or larger: add 100 square feet of total floor area for each additional bedroom.

(Code 2004, § 17.0309(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0309(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a multifamily residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RM-2 Multifamily Residential District shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0309(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 8, 8-19-2025)

The RM-3 residential district is intended to provide for high-rise (nine stories or more) multifamily residential development at densities not exceeding 40 dwelling units per net acre.

(Code 2004, § 17.0310(intro.); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the RM-3 Multifamily Residential District:

(1)

Multistory multifamily dwellings having not less than nine stories and 200 dwelling units.

(2)

Essential services.

(Code 2004, § 17.0310(A); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Accessory buildings and uses necessary to the use and maintenance of multistory multifamily dwellings, subject to the requirements of article V of this chapter.

(Code 2004, § 17.0310(B); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the RM-3 Multifamily Residential District:

(1)

Housing for the elderly provided that the density of such housing shall not exceed 40 units per acre and shall meet the minimum per unit building area specified below.

(2)

Rest homes and nursing homes provided that all principal structures are not closer than 50 feet to a lot line.

(3)

Utility substations, municipal wells, pumping stations and towers, provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0310(C); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

Lots shall be a minimum of five acres in area, and no dwelling unit shall have a lot area of less than 1,000 square feet per dwelling unit.

(b)

No lot shall be less than 300 feet in width.

(Code 2004, § 17.0310(D); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or part of a principal building shall exceed 149 feet in height. No building shall have less than nine stories or floors.

(b)

The minimum floor area per unit shall be as follows:

(1)

Efficiency dwelling unit: 300 square feet per dwelling unit.

(2)

One-bedroom dwelling unit: 450 square feet per dwelling unit.

(3)

Two-bedroom dwelling unit: 600 square feet per dwelling unit.

(4)

Three-bedroom or larger: add 100 square feet of total floor area for each additional bedroom.

(c)

No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height, unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-302(4).

(Code 2004, § 17.0310(E); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way. Only one such street yard shall be required for corner lots.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0310(F); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

To encourage a multifamily residential environment that is compatible with the residential character of the city, building permits for permitted uses in the RM-3 Multifamily Residential District shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(b)

No person shall be issued a permit for the construction of any building in the RM-3 district unless he or she first files with the city clerk a performance bond or evidence of other security conditioned upon the faithful performance of all work required to complete such building in accordance with the plans and specifications approved under the preceding subsection.

(Code 2004, § 17.0310(G); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 9, 8-19-2025)

The B-1 Neighborhood Business District is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood, and the character, appearance, and operation of which are compatible with the character of the surrounding area. No such district established after the effective date of this chapter shall be less than two acres in area.

(Code 2004, § 17.0315(intro.); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the B-1 Neighborhood Business District:

(1)

Bakeries where not more than 50 percent of the gross floor area is devoted to the processing of bakery goods.

(2)

Barber shops.

(3)

Beauty shops.

(4)

Book and stationery stores.

(5)

Cocktail lounges and taverns.

(6)

Coffee shops.

(7)

Confectioneries, soda fountains, and ice cream stores.

(8)

Delicatessens/food markets.

(9)

Florists.

(10)

Gift stores/boutiques.

(11)

Hobby and craft shops.

(12)

Restaurants, except drive-in restaurants.

(13)

Banquet halls and catering services.

(14)

Places of worship.

(Code 2004, § 17.0315(A); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2428, 2-17-2016; Ord. No. 2513, § 1, 3-9-2022)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(4)

Roof-mounted solar collectors.

(5)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0315(B); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the B-1 Neighborhood Business District:

(1)

Banks and other financial institutions, excluding convenient cash and similar businesses.

(2)

Business offices.

(3)

Convenience food stores.

(4)

Drive-up/thru uses.

(5)

Temporary uses as set forth in section 44-47.

(6)

Planned mixed use.

(7)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(Code 2004, § 17.0315(C); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

(a)

Neighborhood shopping centers shall contain a minimum area of two acres and shall be not less than 200 feet in width.

(b)

Individual business sites in the B-1 district shall provide sufficient area for the principal building and its accessory buildings, off-street parking and loading areas, and required yards.

(Code 2004, § 17.0315(D); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height, unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-334(6).

(Code 2004, § 17.0315(E); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0315(F); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

To encourage a business environment that is compatible with the residential character of the city, building permits for permitted uses in the B-1 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0315(G); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 10, 8-19-2025)

The B-2 Community Business District is intended to provide for the orderly and attractive grouping at appropriate locations of businesses offering a wider range of retail products and services than are provided in neighborhood business districts, and also offering comparison shopping items. The character, appearance, and operation of a shopping center should be compatible with surrounding residential areas.

(Code 2004, § 17.0316(intro.); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the B-2 Community Business District:

(1)

Antique and collectors stores.

(2)

Appliance stores.

(3)

Art galleries.

(4)

Bakeries where not more than 50 percent of the gross floor area is devoted to the processing of bakery goods.

(5)

Banks, savings and loan associations, and other financial institutions, excluding convenient cash and similar businesses.

(6)

Barber shops.

(7)

Beauty shops.

(8)

Book or stationery stores.

(9)

Business and professional offices.

(10)

Catering services.

(11)

Camera and photographic supplies.

(12)

Clinics.

(13)

Clothing and apparel stores.

(14)

Cocktail lounges and taverns.

(15)

Coin, stamp, and trading card stores.

(16)

Computer and computer supply stores.

(17)

Candy stores, soda fountains, and ice cream stores.

(18)

Coffee shops

(19)

Delicatessens.

(20)

Department stores.

(21)

Discount stores.

(22)

Drug stores.

(23)

Electronic equipment sales and repair.

(24)

Fish markets.

(25)

Florists.

(26)

Furniture stores, new.

(27)

Furriers and fur apparel.

(28)

Gift stores.

(29)

Grocery stores and supermarkets.

(30)

Hardware stores.

(31)

Hobby and craft shops.

(32)

Janitorial supplies and services.

(33)

Jewelry stores.

(34)

Mail services.

(35)

Meat markets.

(36)

Music stores.

(37)

Newspaper and magazine stores.

(38)

Office supplies and business machine stores.

(39)

Optical stores.

(40)

Packaged beverage stores.

(41)

Paint, glass and wallpaper stores.

(42)

Pet and pet supply stores.

(43)

Photographic and art studios.

(44)

Physical fitness centers.

(45)

Plumbing and heating supplies.

(46)

Printing, including photocopying, limited to no more than 2,000 square feet of gross floor area.

(47)

Produce (fruit and vegetable) stores.

(48)

Restaurants.

(49)

Self service laundry and dry-cleaning establishments.

(50)

Shoe stores and leather goods stores.

(51)

Single-family residential dwelling existing prior to the adoption of this Code.

(52)

Sporting goods stores.

(53)

Tailoring and dressmaking shops.

(54)

Theaters.

(55)

Upholstery shops.

(56)

Veterinary clinic, no boarding.

(57)

Video and game stores (sales and rental).

(58)

Tattoo studios.

(Code 2004, § 17.0316(A); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2507, § 1, 7-13-2021)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Roof-mounted solar collectors.

(4)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0316(B); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the B-2 Community Business District:

(1)

Additions and enlargements to existing nonconforming structures that would encroach into a required street, side, or rear yard, provided the addition or enlargement does not extend into the required yard any further than the existing structure, as provided by section 44-1228.

(2)

Automobile service stations, provided that all gas pumps are set back a minimum of 25 feet from the street right-of-way, and 25 feet from side and rear lot lines. Service station canopies shall be located not closer than 15 feet to a street right-of-way or side or rear lot line.

(3)

Clubs, lodges, fraternities, sororities, and meeting places of a noncommercial nature, provided that no structure shall be altered or erected closer than 25 feet to any lot line.

(4)

Commercial adult and child care centers.

(5)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, miniature golf facilities, pool and billiard halls, racetracks, laser tag, paint ball, and skating rinks.

(6)

Dog obedience training facilities when conducted entirely within an enclosed structure.

(7)

Funeral homes provided all principal uses and structures are not less than 25 feet from any lot line.

(8)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(9)

Laundries and dry cleaners, employing not more than five persons on any working shift.

(10)

Outdoor display of retail merchandise.

(11)

Personal physical enhancement (body piercing, massage parlors, etc.).

(12)

Public passenger transportation terminals, such as bus and rail depots, and heliports, but not including airports, airstrips, and landing fields. Any such use shall be located not less than 100 feet from any residential district boundary.

(13)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(14)

Secondhand/thrift stores.

(15)

Solar energy collectors erected as an accessory structure.

(16)

Temporary uses as set forth in section 44-47.

(17)

Reserved.

(18)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(19)

Planned mixed use.

(Code 2004, § 17.0316(C); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2507, § 2, 7-13-2021; Ord. No. 2550, § 1, 12-11-2024)

(a)

Community shopping centers shall contain a minimum of four acres and shall not be less than 400 feet in width.

(b)

Individual business sites in the B-2 district shall provide sufficient area for the principal building and its accessory buildings, off-street parking and loading areas, and required yards.

(Code 2004, § 17.0316(D); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 40 feet in height, unless a lesser height is required to comply with the limitations set forth on the airport zoning map for General Mitchell International Airport. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height, unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-368(8).

(Code 2004, § 17.0316(E); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum building setback of 40 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than 25 feet.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0316(F); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

To encourage a business environment that is compatible with the residential character of the city, building permits for permitted uses in the B-2 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0316(G); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 11, 8-19-2025)

The B-3 Central Business District is intended to provide appropriate regulations to ensure the compatibility of the diverse uses typical of the downtown area without inhibiting the development of commercial, cultural, entertainment, and other urban activities which contribute to its role as the heart of the city.

(Code 2004, § 17.0317(intro.); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the B-3 Central Business District:

(1)

Antique and collectors stores.

(2)

Art galleries.

(3)

Bakeries where not more than 50 percent of the gross floor area is devoted to the processing of bakery goods.

(4)

Banks, savings and loan associations, and other financial institutions, excluding convenient cash and similar businesses.

(5)

Barber shops.

(6)

Beauty shops.

(7)

Book or stationery stores.

(8)

Business and professional offices.

(9)

Camera and photographic supplies.

(10)

Candy stores, soda fountains, and ice cream stores.

(11)

Clothing and apparel stores.

(12)

Coffee shops.

(13)

Delicatessens.

(14)

Fish markets.

(15)

Florists.

(16)

Gift stores.

(17)

Jewelry stores.

(18)

Meat markets.

(19)

Music stores.

(20)

Parking lots for up to 24 vehicles with screening and landscaping.

(21)

Photographic and art studios.

(22)

Produce (fruit and vegetable) stores.

(23)

Restaurants, except drive-thru restaurants.

(24)

Single-family residential dwelling existing or approved prior to July 1, 2007, provided no increase in square footage, volume, or habitable space is created unless approved by the plan commission.

(25)

Tailoring and dressmaking shops.

(26)

Planned mixed use.

(27)

Tattoo studios.

(Code 2004, § 17.0317(A); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2507, § 3, 7-13-2021)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(4)

Roof-mounted exterior energy saving equipment.

(5)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0317(B); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the B-3 Central Business District:

(1)

Additions and enlargements to existing nonconforming structures that would encroach into a required rear yard, provided the addition or enlargement does not extend into the required yard any further than the existing structure, as provided by section 44-1228.

(2)

Buildings with a floor area greater than 15,000 square feet.

(3)

Cocktail lounges, taverns and night clubs.

(4)

Civic buildings, such as libraries, post offices, and municipal centers.

(5)

Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, miniature golf facilities, pool and billiard halls, racetracks, laser tag, paint ball, and skating rinks.

(6)

Computer and computer supply stores.

(7)

Decreases in the required rear yard.

(8)

Drive-thru banks.

(9)

Drive-thru restaurants.

(10)

Energy saving equipment other than those that are roof-mounted, erected as an accessory structure.

(11)

Furniture stores.

(12)

Grocery stores (maximum of 20,000 square feet).

(13)

Hobby and craft shops.

(14)

Hotels.

(15)

Increases in the height of principal and accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for Milwaukee Mitchell International Airport.

(16)

Lifestyle enhancement center (day spa).

(17)

Micro brewery.

(18)

Mixed use consisting of any mix of permitted and accessory and/or conditional uses.

(19)

Newspaper and magazine stores.

(20)

Outdoor display of retail merchandise.

(21)

Parking lots for 25 vehicles or more and parking structures.

(22)

Physical fitness centers.

(23)

Public passenger transportation terminals, such as bus and rail depots, and heliports, but not including airports, airstrips, and landing fields. Any such use shall be located not less than 100 feet from any residential district boundary.

(24)

Reserved.

(25)

Specialty wine and spirits.

(26)

Sporting goods store.

(27)

Temporary uses as set forth in section 44-47.

(28)

Theaters.

(29)

Two-family and multifamily residential.

(30)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(31)

Decreases in required rear yard.

(32)

Commercial child care.

(Code 2004, § 17.0317(C); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2536, § 1, 8-23-2023; Ord. No. 2550, § 2, 12-11-2024)

Lots in the B-3 district shall provide sufficient area and width for the principal structure(s) and its accessory structures, off-street parking and loading areas, and required yards.

(Code 2004, § 17.0317(D); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011)

(a)

No principal building or parts of a principal building shall exceed 45 feet in height, unless a lesser height is required to comply with the limitations set forth on the airport zoning map for Milwaukee Mitchell International Airport. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height, except as follows. Increases to the height for principal and accessory buildings may be allowed through the granting of a conditional use permit by the city plan commission in accordance with section 44-406(15).

(b)

No principal building shall have a floor area greater than 15,000 square feet, unless the plan commission approves a conditional use permit in accordance with section 44-406(2).

(Code 2004, § 17.0317(E); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2536, § 2, 8-23-2023)

(a)

No minimum setback shall be required.

(b)

Proposed buildings shall be built to a build-to line for a minimum of 80 percent of the lot width measured at the street. The build-to line shall consist of a line extended from the front wall of the nearest existing buildings to each side of the proposed building. If the buildings to each side are built at different setbacks, the build-to line shall be located by averaging the depth of the two existing setbacks.

(c)

No minimum side yard is required, except as provided in section 44-12(4).

(d)

There shall be a rear yard of not less than 25 feet, unless the plan commission approves a conditional use permit in accordance with section 44-406(31).

(Code 2004, § 17.0317(F); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011)

To encourage a business environment that is compatible with the residential character of the city, building permits for permitted uses in the B-3 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0317(G); Ord. No. 2258, 8-21-2007; Ord. No. 2267, 6-17-2008; Ord. No. 2301, 9-16-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 12, 8-19-2025)

The B-4 Office and Professional Business District is intended to provide for individual or small groups of buildings limited to office, professional, and special service uses where the office use would be compatible with other neighborhood uses and not exhibit the intense activity of other business districts.

(Code 2004, § 17.0318(intro.); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the B-4 Office and Professional Business District:

(1)

Administrative and public service offices.

(2)

Commercial adult and child care centers.

(3)

Office/professional services such as real estate and insurance sales offices, interior designers, medical and dental clinics, parking lots and structures, and professional offices of an architect, lawyer, accountant, doctor, Christian Science practitioner, dentist, optometrist, clergy, or other similarly recognized profession.

(4)

Studios for photography, painting, music, sculpture, dance, or other recognized fine art.

(Code 2004, § 17.0318(A); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business. The height of which shall be determined by the plan commission.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located in the same building as the business.

(4)

Roof-mounted solar collectors.

(5)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0318(B); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the B-4 Office and Professional Business District:

(1)

Audio or video recording/production studios.

(2)

Funeral homes provided all principal uses and structures are not less than 25 feet from any lot line.

(3)

Utility substations, and towers provided that the use is not less than 50 feet from any lot line.

(4)

Solar energy collectors erected as an accessory structure.

(5)

Planned mix use.

(Code 2004, § 17.0318(C); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

Lots shall have a minimum area of 9,000 square feet and shall be not less than 75 feet in width.

(Code 2004, § 17.0318(D); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 60 feet in height, unless a lesser height is required to comply with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(Code 2004, § 17.0318(E); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than 25 feet.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0318(F); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011)

To encourage a business environment that is compatible with the residential character of the city, building permits for permitted uses in the B-4 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0318(G); Ord. No. 2267, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 13, 8-19-2025)

The B-5 Highway Business District is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic, serve the market interests of both the City of Cudahy and the region, and which are specifically designed to serve the needs of such traffic.

(Code 2004, § 17.0319(intro.); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2460, 12-5-2017)

The following principal uses shall be permitted in the B-5 Highway Business District:

(1)

Grocery stores and supermarkets.

(2)

Banks, savings and loan, and other financial institutions, including drive-in facilities, excluding convenient cash and similar businesses.

(3)

Bowling alleys.

(4)

Building supply stores.

(5)

Business and professional offices.

(6)

Camera and photographic supply stores.

(7)

Catering services.

(8)

Commercial adult and child care centers.

(9)

Convenience food stores.

(10)

Planned mixed use.

(11)

Garden centers

(12)

Hotels and motels.

(13)

Physical fitness centers only.

(14)

Photography and art studios.

(15)

Restaurants, including drive-in restaurants.

(16)

Theaters and other amusement places.

(17)

Factory outlet stores.

(18)

Hardware stores.

(19)

Home improvement stores.

(20)

Consumer electronics and appliance stores.

(21)

Micro-breweries, distilleries, and gastro-pubs.

(22)

Furniture and home decor stores.

(23)

Department and general merchandise stores.

(Code 2004, § 17.0319(A); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2460, 12-5-2017)

The following uses, subject to the requirements of article V of this chapter:

(1)

Accessory garages for storage of vehicles used in conjunction with the operation of the business or for occupants of the premises.

(2)

Off-street parking and loading areas.

(3)

Roof-mounted solar collectors.

(4)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0319(B); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2460, 12-5-2017)

The following conditional uses shall be permitted in the B-5 Highway Business District:

(1)

Animal hospitals, veterinary services, and indoor boarding of animals.

(2)

Audio or video recording/production studios.

(3)

Automobile service stations, provided that all gas pumps are set back a minimum of 25 feet from the street right-of-way and 25 feet from side and rear lot lines. Service station canopies shall be located not closer than 15 feet to a street right-of-way or side or rear lot line.

(4)

Commercial recreation facilities, such as arcades, dance halls, driving ranges, gymnasiums, lodges, miniature golf facilities, pool and billiard halls, racetracks, indoor shooting ranges, and skating rinks.

(5)

Outdoor recurring, temporary or seasonal display of retail merchandise.

(6)

Utility substations, municipal wells, pumping stations, and towers, provided that the use is not less than 50 feet from any lot line.

(7)

Increases in the height of accessory buildings when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(8)

Renewable energy collectors erected as an accessory structure.

(9)

Convenient cash and similar businesses.

a.

Purpose.

1.

It is recognized that convenient cash and similar businesses (hereafter referred to as "convenient cash businesses") have the potential to be harmful to the public welfare, both in regards to community harmony and with respect to potential effects on the quality, aesthetics and functional aspects of the city. The purpose of regulating convenient cash services is to ensure compatibility with surrounding uses and properties and to avoid an unchecked proliferation of convenient cash businesses that may result in the displacement of other necessary commercial and financial businesses.

2.

Such businesses tailor their services to make them attractive to persons experiencing unfavorable economic circumstances, often aggravating those circumstances. Additionally, it has been found that through their business practices, convenient cash businesses are susceptible to attracting criminals seeking to commit robberies. Finally, when clustered in an area or arterial street, such concentration creates an unwarranted negative impression regarding the economic vitality of a commercial district and the city at large. Based on the negative impact of the proliferation of these types of business entities and their susceptibility to crime, the common council finds that the health, safety and welfare of the residents of the city would best be protected by limiting the geographic proliferation of convenient cash businesses.

It is therefore the intent of this subsection to regulate the location and hours of operation of convenient cash businesses in the city.

b.

Location and operation of convenient cash businesses.

1.

Convenient cash businesses shall not be located within 2,500 feet of any other convenient cash business.

2.

Convenient cash businesses shall not be located within 250 feet from a residential or institutional district as measured by the shortest line between the parcel to be occupied by the proposed convenient cash facility and the property line of the nearest residential or institutional property.

3.

Hours of operation. Convenient cash businesses shall not operate between the hours of 9:00 p.m. and 9:00 a.m.

4.

Business shall keep all entrances, exit doors, and windows clear of any signs or advertisements.

5.

The building or portion thereof that is dedicated to the check cashing use shall have a minimum size of 1,500 square feet of building floor area.

6.

All convenient cash businesses shall purchase and install based upon specifications provided by the police department, one outdoor surveillance camera and wireless subscription module, total cost not to exceed $5,000.00, to be positioned in close proximity to the business at a location determined by the police department. The owner of this equipment shall be responsible for its repair and upkeep. Failure to maintain and repair the above-named equipment will necessitate a review of the conditional use approval and possible revocation of same.

7.

Applicant must provide a security plan that addresses all of the following:

(i)

Limits on amount of cash immediately available for withdrawal;

(ii)

Lighting plan for the business showing both exterior and interior lighting;

(iii)

Plans for maintaining visibility into the interior of the check cashing facility;

(iv)

Plans for security of the check cashing area of the facility;

(v)

A program for graffiti and litter abatement;

(vi)

Hours of operation; and

(vii)

Use of security guards and cameras plan.

8.

Convenient cash and similar businesses shall work with the city and the police department to allow specific access by the police department to interior security cameras in the event of an emergency.

(10)

Equipment rental facilities.

(11)

Automotive, marine and aircraft sales and service.

(Code 2004, § 17.0319(C); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2460, 12-5-2017)

Lots shall have a minimum area of 9,000 square feet and shall be not less than 75 feet in width.

(Code 2004, § 17.0319(D); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height; unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-469(7).

(Code 2004, § 17.0319(E); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0319(F); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011)

To encourage a business atmosphere that is compatible with the residential character of the city, building permits for permitted uses in the B-5 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0319(G); Ord. No. 2267, 6-17-2008; Ord. No. 2283, 6-17-2008; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 14, 8-19-2025)

The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial, and related uses of a limited nature and size, which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the city as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other similar factors.

(Code 2004, § 17.0325(intro.); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

The following principal uses shall be permitted in the M-1 Limited Manufacturing District:

(1)

Assembly, processing, manufacturing and/or storage of the following:

a.

Automotive upholstery and automotive accessories.

b.

Apparel and findings, and related products.

c.

Automatic temperature controls.

d.

Book, newspaper, and magazine publishing, printing, and binding and binding devices.

e.

Brooms and brushes.

f.

Candy and confectionery products.

g.

Cereal and pasta preparations.

h.

Cleaning, dressing and dyeing.

i.

Electrical appliances

j.

Electronic devices.

k.

Electrotyping and stereotyping.

l.

Engineering, laboratory, scientific and research instruments and related equipment.

m.

Fabric and felt, knit and lace goods.

n.

Flavor extracts and flavor syrups.

o.

Floor coverings limited to rugs and carpeting.

p.

Footwear.

q.

Fresh or frozen fruits, fruit juices, vegetables and specialties.

r.

Fur products packaging and assembly, but not including tanning.

s.

Glass and glass container manufacturing.

t.

Greeting cards.

u.

Handbags, luggage and other personal leather goods.

v.

Hats, caps and millinery.

w.

Household furniture and furnishings.

x.

Ice.

y.

Ice cream and frozen desserts.

z.

Jewelry, buttons and miscellaneous notions.

aa.

Leather fabrication, not including tanning.

bb.

Mechanical measuring and controlling instruments.

cc.

Medical equipment and supplies, including dental equipment, ophthalmic goods, optical instruments and lenses, orthopedic, prosthetic, surgical appliances and supplies, pharmaceuticals and surgical instruments.

dd.

Morticians' goods.

ee.

Musical instruments and parts.

ff.

Office supplies, artist materials and photographic equipment and supplies.

gg.

Paper coating and glazing, and manufacture of products from paper, but not the manufacture of paper or pulp.

hh.

Partitions, shelving, lockers, and office and store furniture and fixtures.

ii.

Photoengraving instruments and apparatus.

jj.

Pressed and molded pulp goods.

kk.

Sanitary paper products.

ll.

Sign and other advertising display manufacturing.

mm.

Textile dyeing and finishing.

nn.

Tire cord and fabric.

oo.

Toys, amusement, sporting and athletic goods.

pp.

Umbrellas.

qq.

Wallpaper and window coverings.

rr.

Watches, clocks, clockwork-operated devices and parts.

ss.

Wool scouring and combing.

tt.

Yarns and threads.

(2)

Commercial bakery.

(3)

Commercial greenhouses.

(4)

Food locker plants.

(5)

Laboratories.

(6)

Machine shops.

(7)

Pleating, decorative and novelty stitching and tucking for the trade.

(8)

Rice milling.

(9)

Typesetting.

(10)

Warehousing.

(11)

Welding shops.

(12)

Wholesaling.

(Code 2004, § 17.0325(A); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.

(4)

Roof-mounted solar collectors.

(5)

Terrestrial and satellite dish antennas.

(6)

A single-family residential dwelling that shall have been in existence and used for that purpose prior to the adoption of the ordinance from which this chapter is derived by only the business and property owner who shall be one and the same.

(Code 2004, § 17.0325(B); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

The following conditional uses shall be permitted in the M-1 Limited Manufacturing District:

(1)

Animal hospitals, veterinary services and boarding of animals.

(2)

Automobile service stations, provided that all gas pumps are set back a minimum of 25 feet from the street right-of-way, and 25 feet from side and rear lot lines. Service station canopies shall be located not closer than 15 feet to a street right-of-way or side or rear lot line.

(3)

Commercial service facilities, such as child care centers, restaurants, financial institutions, and clinics, provided that all such services are oriented toward industrial district users and employees and that other users are only incidental customers.

(4)

Dimension hardwood flooring, veneer, and plywood manufacturing and processing.

(5)

Freight yards, freight terminals, and transshipment depots.

(6)

Government structures, such as fire and police stations.

(7)

Lumber yards, millwork, sawmills, and planing mills.

(8)

Outdoor storage.

(9)

Parks and playgrounds.

(10)

Processing and storage of feed for animals and fowl, and processing of animal health products.

(11)

Storage of fertilizer and seeds.

(12)

Public passenger transportation terminals, such as bus and rail depots.

(13)

Self-service storage facilities (mini-warehouses).

(14)

Temporary uses as set forth in section 44-47.

(15)

Transmitting towers, receiving towers, and relay and microwave towers without broadcast facilities or studios.

(16)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(17)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(18)

Solar energy collectors erected as an accessory structure.

(19)

Construction services including general building contractor, carpenter services, wood flooring, concrete services, masonry, stone work, tile setting, plastering services, roofing services, siding and gutter services, sheet metal services, and water well drilling services.

(20)

Sexually oriented businesses, subject to the following requirements:

a.

The physically separate defined area of the building in which a sexually oriented use is proposed to be commenced or expanded shall be not less than 500 feet in a direct line from the nearest lot line of the following:

1.

Any public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds but does not include facilities used primarily for another purpose and only incidentally as a school;

2.

Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;

3.

Any licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

b.

The physically separate defined area of the building in which a sexually oriented use is proposed to be commenced or expanded shall be not less than 750 feet in a direct line from any land area zoned residential as defined in chapter 44, zoning.

c.

The physically separate defined area of the building in which a sexually oriented use is proposed to be commenced or expanded shall be not less than 500 feet in a direct line from the physically separate defined area of the building in which any separately located sexually oriented use is located or has a vested right to locate.

d.

A person violates this section if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business which was lawfully preexisting.

e.

A person violates this section if that person operates or causes to be operated a sexually oriented business in any zoning district other than division 15, M-1 limited manufacturing district.

f.

Any sexually oriented business lawfully operating on the effective date of this section that is in violation of the above shall be deemed a legal, nonconforming use. The legal, nonconforming use will be permitted to continue in perpetuity unless terminated for any reason, or voluntarily discontinued, for a period of 365 consecutive days, whereupon such legal, nonconforming status shall expire. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to conforming use, or changed as otherwise required by law.

(21)

Auto body shops, engine repair.

(Code 2004, § 17.0325(C); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010; Ord. No. 2418, § 2, 10-18-2016; Ord. No. 2491, § 1, 7-21-2020)

Lots shall have a minimum area of 9,000 square feet and shall be not less than 75 feet in width.

(Code 2004, § 17.0325(D); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

No principal building or parts of a principal building shall exceed 60 feet in height, unless a lesser height is required to comply with the limitations set forth on the airport zoning map for General Mitchell International Airport. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height; unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-503(17).

(Code 2004, § 17.0325(E); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

(a)

There shall be a minimum building setback of 25 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than 15 feet.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0325(F); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010)

To encourage a manufacturing and industrial environment that is compatible with the residential character of the city, building permits for permitted uses in the M-1 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0325(G); Ord. No. 2053, 2-4-2003; Ord. No. 2074, 8-19-2003; Ord. No. 2340, 3-2-2010; Ord. No. 2559, § 15, 8-19-2025)

The M-2 General Manufacturing District is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than the M-1 Limited Manufacturing District in those areas where the relationship to surrounding land use would create fewer problems of compatibility. The M-2 district should not normally abut directly upon residential districts.

(Code 2004, § 17.0326(intro.); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the M-2 General Manufacturing District:

(1)

All principal uses permitted in the M-1 Limited Manufacturing District.

(2)

Auto body shops, engine repair.

(3)

Automobile, railcar, marine and aircraft manufacturing.

(4)

Coating, engraving and allied services.

(5)

Cutlery, hand tools and general hardware manufacturing.

(6)

Electrical lighting and wiring equipment manufacturing.

(7)

Electrical industrial apparatus.

(8)

Electrical transmission and distribution equipment manufacturing.

(9)

Electrometallurgical products manufacturing.

(10)

Engine and turbine manufacturing.

(11)

Farm machinery and equipment manufacturing.

(12)

Fine earthenware, table and kitchen articles manufacturing.

(13)

Heating apparatus and plumbing fixtures manufacturing.

(14)

Household appliance manufacturing.

(15)

Inflammable gases and liquid storage, not to exceed 50,000 gallons.

(16)

Manufacturing and repair of construction, mining, and materials handling machinery and equipment.

(17)

Metal container manufacturing.

(18)

Metal products manufacturing, fabricating and distribution.

(19)

Motorcycle and bicycle manufacturing.

(20)

Screw machine products, bolts, nuts, screws, rivets and washer manufacturing.

(21)

Signaling and fire control equipment manufacturing.

(22)

Small arms ammunition manufacturing, excluding fireworks.

(23)

Wire products manufacturing.

(Code 2004, § 17.0326(A); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.

(4)

Roof-mounted solar collectors.

(5)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0326(B); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the M-2 General Manufacturing District:

(1)

Animal hospitals, veterinary services, and boarding of animals.

(2)

Automobile service stations provided that all gas pumps meet the setback requirements of the district and are located not closer than 40 feet to any side lot line.

(3)

Canneries.

(4)

Central composting site and related operations, such as wood shaving or brush collection sites.

(5)

Commercial service facilities such as child care centers, restaurants, financial institutions, and clinics, provided that all such services are oriented toward industrial district users and employees and that other users are only incidental customers.

(6)

Dimension hardwood flooring, veneer, and plywood manufacturing and processing.

(7)

Drop forges and foundry smelting plants.

(8)

Freight yards, freight terminals and transshipment depots.

(9)

Government structures, such as fire and police stations.

(10)

Lumber yards, millwork, sawmills and planning mills.

(11)

Meat processing and packaging plants.

(12)

Outside storage, provided that vehicles shall not be stored more than 30 days.

(13)

Parks and playgrounds.

(14)

Processing of seed or products from grain for animal feed, processing of animal health products, and storage of animal feeds, fertilizer, seeds and animal health products.

(15)

Public passenger transportation terminals, such as bus and rail depots.

(16)

Recycling center and/or transfer stations.

(17)

Sanitary landfills.

(18)

Self-service storage facilities (mini-warehouses).

(19)

Tanneries.

(20)

Temporary uses as set forth in section 44-47.

(21)

Transmitting towers, receiving towers, and relay and microwave towers without broadcast facilities or studios.

(22)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(23)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(24)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0326(C); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Lots shall have a minimum area of 9,000 square feet and shall be not less than 75 feet in width.

(Code 2004, § 17.0326(D); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 60 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height, unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-541.

(Code 2004, § 17.0326(E); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum building setback of 50 feet from the right-of-way of all streets.

(b)

There shall be a side yard on each side of all buildings of not less than 25 feet.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0326(F); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a manufacturing and industrial environment that is compatible with the residential character of the city, building permits for permitted uses in the M-2 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress and egress, parking, loading and unloading, landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0326(G); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 16, 8-19-2025)

The TUC-1 Transportation and Utility Corridor District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, corridors devoted to transportation and utility uses. It is further the intent of the city that the conversion of railroad corridors to trail corridors be considered if existing railroads are abandoned.

(Code 2004, § 17.0330(intro.))

The following principal uses shall be permitted in the TUC-1 Transportation and Utility Corridor District:

Existing transportation and utility facilities.

(Code 2004, § 17.0330(A))

Accessory uses shall comply with the requirements of article V of this chapter.

(Code 2004, § 17.0330(B))

The following conditional uses shall be permitted in the TUC-1 Transportation and Utility Corridor District:

(1)

Railroad and intermodal passenger terminals.

(2)

Utility transmission and distribution lines, provided such facilities are installed underground.

(3)

Bicycle and pedestrian paths.

(Code 2004, § 17.0330(C))

Lot area, width, height, and yard requirements shall be determined by the common council following a recommendation from the plan commission.

(Code 2004, § 17.0330(D))

The I-1 Institutional District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(Code 2004, § 17.0331(intro.); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the I-1 Institutional District:

(1)

Commercial adult and child care centers.

(2)

Churches, synagogues and other places of worship.

(3)

Funeral homes.

(4)

Hospitals, sanatoriums, nursing homes and clinics.

(5)

Libraries, community centers, museums and public art galleries.

(6)

Post office and postal substations.

(7)

Public administrative offices, and public service buildings, including fire and police stations.

(8)

Public or private schools, colleges and universities.

(9)

Public utility offices.

(Code 2004, § 17.0331(A); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following uses, subject to the requirements of article V of this chapter:

(1)

Garages for storage of vehicles used in conjunction with the operation of a permitted use.

(2)

Residential quarters for caretakers or clergy.

(3)

Roof-mounted solar collectors.

(4)

Terrestrial and satellite dish antennas.

(5)

Service buildings and facilities normally accessory to the permitted use.

(Code 2004, § 17.0331(B); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the I-1 Institutional District:

(1)

Cemeteries and crematories.

(2)

Central composting site and related operations, such as wood shaving or brush collection sites.

(3)

Health clubs.

(4)

Housing for the elderly provided that the density shall not exceed 22 units per acre, and provided that there shall be a minimum living area of 450 square feet for a one-bedroom dwelling unit and a minimum living area of 600 square feet for a two-bedroom or larger dwelling unit.

(5)

Parks and playgrounds.

(6)

Public passenger transportation terminals, such as bus and rail depots, and heliports.

(7)

Recycling center and/or transfer stations.

(8)

Transmitting towers, receiving towers, and relay and microwave towers, and broadcast studios.

(9)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(10)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(11)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0331(C); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

Lots shall be a minimum of 9,000 square feet in area and shall not be less than 75 feet in width.

(Code 2004, § 17.0331(D); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

No principal building or parts of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height; unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-598(10).

(b)

Residential uses permitted in the I-1 district shall comply with the building area requirements of the RS-1 Single-Family Residential District.

(Code 2004, § 17.0331(E); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

(a)

There shall be a minimum setback of 25 feet from the street right-of-way.

(b)

There shall be a side yard on each side of all buildings not less than ten feet in width.

(c)

There shall be a rear yard of not less than 25 feet.

(Code 2004, § 17.0331(F); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage an institutional use environment that is compatible with the residential character of the city, building permits for permitted uses in the I-1 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, and landscaping, and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0331(G); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 17, 8-19-2025)

The P-1 Park District is intended to provide for areas where the open space and recreational needs, both public and private, of the citizens of the city can be met without undue disturbance of natural resources and adjacent uses.

(Code 2004, § 17.0332(intro.); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following principal uses shall be permitted in the P-1 Park District:

(1)

Botanical gardens and arboretums.

(2)

Exhibition halls.

(3)

Fairgrounds.

(4)

Golf courses without country club facilities.

(5)

Hiking, biking and nature trails.

(6)

Historic monuments or sites.

(7)

Neighborhood tot lots.

(8)

Outdoor skating rinks.

(9)

Parks and playgrounds.

(10)

Picnicking areas.

(11)

Play fields or athletic fields.

(12)

Public art galleries and exhibits.

(13)

Sledding, skiing or tobogganing.

(14)

Swimming beaches.

(15)

Swimming pools.

(16)

Tennis courts.

(Code 2004, § 17.0332(A); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following uses, subject to the requirements of article V of this chapter:

(1)

Buildings accessory to the permitted use.

(2)

Roof-mounted solar collectors.

(3)

Terrestrial and satellite dish antennas.

(Code 2004, § 17.0332(B); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

The following conditional uses shall be permitted in the P-1 Park District:

(1)

Archery ranges, bathhouses, boat mooring and rental, campgrounds, conservatories, driving ranges, firearm ranges, gymnasiums, ice boating facilities, marinas, music halls, polo fields, riding academies, stadiums, and zoological and botanical gardens, provided that the use has a minimum parcel area of three acres.

(2)

Churches, synagogues, and other places of worship.

(3)

Golf courses with country club facilities.

(4)

Public, private, and parochial schools.

(5)

Utility substations, municipal wells, pumping stations, and towers provided that the use is not less than 50 feet from any lot line.

(6)

Increases in the height of accessory buildings, when, in the opinion of the city plan commission, it is appropriate for the use and will not be detrimental to adjacent properties or the general character of the neighborhood, and further provided that any increase in height complies with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(7)

Solar energy collectors erected as an accessory structure.

(Code 2004, § 17.0332(C); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

No principal building or parts of a principal building shall exceed 35 feet in height. No garage shall exceed 15 feet in height, and no shed or other accessory building shall exceed ten feet in height; unless a conditional use permit for an increase in height is granted by the city plan commission in accordance with section 44-626(6).

(Code 2004, § 17.0332(D); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

No building or structure shall be erected, altered, or moved closer than 40 feet to a lot line.

(Code 2004, § 17.0332(E); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011)

To encourage a recreational use environment that is compatible with the aesthetic character of the city, building permits for permitted uses in the P-1 district shall not be issued without review and approval of the city plan commission. The review and approval shall be concerned with general layout, building plans, ingress, egress, parking, loading and unloading, landscaping and open space utilization in accordance with sections 44-49 and 44-1262.

(Code 2004, § 17.0332(F); Ord. No. 2074, 8-19-2003; Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 18, 8-19-2025)

The C-1 Lowland Conservancy District is intended to preserve, protect, and enhance the ponds, streams, shorelands, and wetland areas of the city. The preservation, protection, and enhancement of these areas will serve to maintain safe and healthful conditions; maintain and improve water quality, both ground and surface, prevent flood damage; control stormwater runoff; protect stream banks from erosion; protect groundwater recharge and discharge areas; protect wildlife habitat; protect native plant communities; avoid the location of structures on soils which are generally not suitable for use; and protect the water-based recreation resources of the city.

(Code 2004, § 17.0333(intro.))

The following principal uses shall be permitted in the C-1 Lowland Conservancy District:

(1)

Hiking, fishing, trapping, swimming and boating, unless prohibited by other laws and codes.

(2)

Harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops, and that does not involve filling, flooding, draining, dredging, ditching, tiling, or excavating.

(3)

Silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.

(4)

Construction and maintenance of fences.

(5)

Existing agricultural uses provided that they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided that they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.

(6)

Ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.

(7)

The construction and maintenance of piers, docks, and walkways, including those built on pilings.

(8)

The maintenance, repair, replacement, and reconstruction of existing streets and bridges.

(Code 2004, § 17.0333(A))

(a)

The construction of streets which are necessary for the continuity of the arterial or the city street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 district, provided that:

(1)

The street cannot as a practical matter be located outside the conservancy district;

(2)

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in section 44-1357(b);

(3)

The street is designed and constructed with the minimum cross-section practical to serve the intended use;

(4)

The street construction activities are carried out in the immediate area of the roadbed only; and

(5)

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.

(b)

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:

(1)

The building cannot as a practical matter be located outside the conservancy district;

(2)

The building is not designed for human habitation and does not exceed 500 square feet in area; and

(3)

Only limited filling or excavating necessary to provide structural support is conducted.

(c)

The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:

(1)

Parks shall be limited to passive activities. No ball diamond, tennis court, play filed, playground or other active recreational area shall be constructed in a wetland.

(2)

Any private recreation or wildlife habitat area must be exclusively for that purpose.

(3)

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the construction of bicycle paths, recreational trails, park shelters or similar structures is allowed.

(4)

Construction and maintenance of streets necessary for permitted uses shall be in accordance with subsection (a) of this section.

(5)

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

(d)

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members, provided that:

(1)

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and

(2)

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(e)

The construction and maintenance of railroad lines, provided that:

(1)

The railroad lines cannot as a practical matter be located outside the conservancy district; and

(2)

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(f)

The maintenance of drainage channels and stream bank protection measures in those portions of the C-1 District that do not meet the definition of a shoreland-wetland as set forth in Wis. Admin. Code ch. NR 117.

(Code 2004, § 17.0333(B))

(a)

Any use not listed as a permitted use or a conditional use is prohibited unless the C-1 district lands concerned are first rezoned into another district.

(b)

The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed houseboat below the ordinary high water mark of any navigable water are prohibited.

(Code 2004, § 17.0333(C))

The APO Airport Overlay District is intended to provide for the possibility of coordinating the planning, development, and regulation of land uses in the vicinity of airports so as to insure that the uses are mutually compatible with the operation of the airport and that any public investment in the airport is protected and further that public safety, welfare, health and convenience is served.

(Code 2004, § 17.0343(intro.))

The following principal uses shall be permitted in the APO Airport Overlay District:

(1)

Navigational and meteorological structures.

(2)

The following uses provided they are permitted in the underlying basic use district and that there is no interference with existing or proposed navigational aids:

a.

Agriculture, forestry, truck farming and other vegetable and plant crop cultivation, and roadside stands for the sale only of products grown on the premises.

b.

Arboretum.

c.

Auto storage areas.

d.

Botanical gardens.

e.

Car rental agencies.

f.

Game preserves.

g.

Golf courses.

h.

Greenhouses.

i.

Marinas.

j.

Nurseries.

k.

Parking lots.

l.

Picnic areas.

m.

Public works and public utility facilities such as water pumping stations, plants and reservoirs, electric transmission lines and substations.

n.

Reservoirs.

(Code 2004, § 17.0343(A))

Any accessory use permitted in the underlying basic use district provided that there is no interference with existing or proposed navigational aids.

(Code 2004, § 17.0343(B))

The following uses provided they are permitted principal or conditional uses in the underlying basic use district and that there is no interference with existing or proposed navigational aids:

(1)

Automobile service stations.

(2)

Aviation schools.

(3)

Banking services.

(4)

Bottling plants.

(5)

Building materials, storage yards or buildings, including sales of equipment commonly used by contractors.

(6)

Cemeteries, crematories and mausoleums.

(7)

Convention centers.

(8)

Hotels and motels.

(9)

Lumber yards, storage and sales.

(10)

Night clubs.

(11)

Office buildings.

(12)

Recreational activities.

(13)

Restaurants.

(14)

Service and light industries, and related offices and showrooms, that manufacture, assemble, process, and store and distribute goods and materials; and are in general dependent upon raw materials refined elsewhere, including chemicals and allied products, food and beverage products, metal and metal products, textiles, bedding and fibers, wood and paper products, glass products and plastic products.

(15)

Shopping centers.

(16)

Stone monument works.

(17)

Terminals, including passenger, freight, taxi and bus terminals.

(18)

Warehousing.

(19)

Wholesaling.

(Code 2004, § 17.0343(C))

The following special requirements shall apply for all principal, accessory and conditional uses allowed in the airport overlay district:

(1)

Lighting.

a.

Except as may be permitted as an airport navigational aid, a pulsating, flashing, rotating, oscillating, or other type of lighting intended as an attention-getting device shall be expressly prohibited.

b.

Flood lights, spot lights, or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground.

c.

Outside lights and lighting devices shall comply with Federal Aviation Administration recommended standards and guidance for the lighting and marking of objects and obstructions, and for the provision of air navigation aids and apparatus. Outside lights and lighting devices that may create a distraction, a misleading indication, or a safety hazard to air navigation shall be expressly prohibited.

(2)

Radio and electronic.

a.

Any radio or electronic device shall be permitted only in conjunction with a valid license therefor or other authorization as may be issued by the Federal Communications Commission.

b.

Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited.

(3)

Smoke. Any operation or use which emits smoke, dust, or any visible fumes or vapors into the atmosphere shall be expressly prohibited.

(Code 2004, § 17.0343(D))

The lot area, width, and yard requirements applicable in the underlying basic use district shall apply in the airport overlay district.

(Code 2004, § 17.0343(E))

Except for permitted fences and farm crops, no structure shall be constructed, altered, located or permitted to remain after construction, alteration or location and not trees shall be allowed to grow to a height in excess of the height limit indicated on the adopted airport zoning map for General Mitchell International Airport.

(Code 2004, § 17.0343(F))

No principal, accessory or conditional use shall be permitted on a parcel unless the intended use is compatible with the sound levels expected to be generated on the parcel as shown on the noise contour maps and compatibility charts and tables prepared in conjunction with the adopted airport affected area land use plan.

(Code 2004, § 17.0343(G))

No amendment to the airport overlay district shall be effective until such time as the airport owner has been notified of the proposed amendment and been given an opportunity to notify the city plan commission of any adverse effect created by the amendment.

(Code 2004, § 17.0343(H))

(a)

The PUD Planned Unit Development Overlay District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or a mix of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD overlay district under this chapter will allow for flexibility in the design of overall development, with benefits from such design flexibility intended to be derived by both the developer and the city, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic use zoning district.

(b)

The PUD Planned Unit Development Overlay District may also be used to accommodate the development or redevelopment of parcels consistent with the design principles of traditional neighborhoods. Traditional neighborhoods are compact; provide a mix of uses, including residential, business, civic, and open space uses in proximity to each other; provide a mix of housing styles, types, and sizes to accommodate households of various ages, sizes, and incomes; and promote the use of walking, bicycling, and transit.

(Code 2004, § 17.0344(intro.); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

(a)

The provisions of the PUD district may be applied in any district within the corporate limits of the city, except the RS-3 Manufactured Home Residential District, provided that such application is approved by common council and the proposal is in conformance with all the regulations of the PUD district and other applicable requirements.

(b)

Existing individual uses and structures that may be adjacent to, within, or substantially surrounded by a PUD development shall continue to be subject to the regulations of the underlying basic use district. If the existing uses or structures are incorporated into the unified design of the PUD, the regulations of the PUD district shall apply to the extent practicable as determined by the plan commission.

(c)

The unified development of a site, in single or corporate ownership, may be permitted in a planned unit development without the customary division into individual lots and without complying with the regulations applicable to uses on individual lots.

(d)

Individual lots may be conveyed to separate ownerships within a planned unit development, for financing or other purposes, provided that conformity with the unified plan is not adversely affected and that maintenance of common areas is assured. Such division of land shall be accomplished pursuant to the land division regulations of the city and, when such division is contemplated, a preliminary plat of the lands to be divided shall accompany the petition for PUD approval.

(Code 2004, § 17.0344(A); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

All permitted uses shall be conditional upon the determination as to their appropriateness within the context of the city's comprehensive development plan, their conformance with the provisions of the PUD district, and subject to such conditions as may be established as part of final plan approval.

(1)

Any use permitted in an underlying basic district may be permitted in a planned unit development. Individual structures shall comply with the minimum building area and maximum height requirements of the underlying basic use district as applicable to the uses within the structures. The maximum height shall also comply with the limitations set forth on the airport zoning map for General Mitchell International Airport.

(2)

Where the underlying zoning is entirely residential, the following uses may be permitted:

a.

Any residential use permitted in the RS-1, RS-2, RD-1, RD-2, RM-1, and RM-2 districts.

b.

Any accessory use permitted in the underlying basic use district.

c.

Such accessory uses as a community swimming pool, recreational area, pavilion, or similar use designed as an accessory amenity or service to the planned unit development.

d.

The permitted and conditional uses in the B-1 Neighborhood Business District as listed in division 10 of this article may be permitted where, in the opinion of the plan commission, the size, placement, and character of the uses as proposed would be compatible with the residential character of the development. Under no circumstances may the area occupied by the business uses, including parking, total more than 15 percent of the total area of the residential planned unit development. Such proposed business uses shall comply with the requirements of sections 44-335—44-338, except that the minimum lot area for such use may be reduced to one acre and the minimum lot width may be reduced to 125 feet.

(3)

A mix of dwelling unit types shall be required in a residential PUD in accordance with the following table:

(4)

Where the underlying zoning for a planned unit development is entirely business, any business use permitted in the B-1, B-2, B-3, B-4, and B-5 Districts may be permitted. In addition, any residential use may be permitted where, in the opinion of the plan commission, the business potential of such land would not be wasted. Under no circumstances shall the area occupied by such residential use, including parking, total more than 50 percent of the total area of the business planned unit development; nor shall the density of such residential area exceed that determined by the plan commission as appropriate calculated for the area designated for residential use, not the overall area within the PUD. Single-family residential uses shall comply with the requirements of sections 44-106—44-108. Two-family residential uses shall comply with the requirements of sections 44-200—44-202. Multifamily residential uses shall comply with sections 44-272—44-274.

(5)

Where the underlying zoning for a planned unit development is entirely industrial, any use permitted in the B-1, B-2, B-3, B-4, B-5, M-1, and M-2 districts may be permitted, except residential use.

(6)

Where the underlying zoning for a planned unit development consists of a mixture of residential, business, or industrial districts, any residential, business, or industrial use may be permitted according to the ratio established by the underlying zoning. Such ratio may be modified by the city where, in the opinion of the plan commission, such modification would not adversely affect the city's comprehensive plan or the planned provision of municipal services.

(Code 2004, § 17.0344(B); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

Unless the plan commission makes a finding that it is in the best interest of the city to apply the Planned Unit Development (PUD) Overlay District to a smaller area, including an individual parcel, an area designated as a PUD shall be under single or corporate ownership or control and shall contain a minimum area of:

(Code 2004, § 17.0344(C); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

(a)

The parking requirements of section 44-845 shall apply to all planned unit developments.

(b)

The required number of parking spaces shall be provided either applied individually or by providing the combined total number of parking spaces required for the entire development in one or more parking lots within the development.

(c)

The number of required parking spaces may be reduced, by conditional use permit, in accordance with section 44-846.

(Code 2004, § 17.0344(D); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

(a)

Pre-petition conference. Prior to the official submission of the petition for the approval of a planned unit development overlay district, the owner or his agent making such petition shall meet with the city plan commission or its staff to discuss the scope and proposed nature of the contemplated development.

(b)

Petition. Following the pre-petition conference, the owner or his agent may file a petition with the city clerk for approval of a planned unit development overlay district. Such petition shall be accompanied by a review fee, as required by the common council pursuant to section 44-1257, and the following information:

(1)

A statement which sets forth the relationship of the proposed PUD to the city's adopted comprehensive plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PUD, including the following information:

a.

Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.

b.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

c.

A general outline of the organizational structure of any property owner's or management association proposed to be established for the purpose of providing any necessary private services.

d.

Any proposed departures from the standards of development as set forth in this chapter, other city codes or ordinances, or other applicable regulations or guidelines.

e.

The expected date of commencement of physical development as set forth in the proposal.

(2)

A general development plan including:

a.

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

b.

Existing zoning on the subject property and adjacent properties.

c.

The location of public and private streets, driveways, and parking facilities.

d.

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

e.

The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainage ways.

f.

The type, size, and location of all structures.

g.

General landscape treatment.

h.

Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.

i.

The existing and proposed location of public sanitary sewer and water supply facilities.

j.

The existing and proposed location of all private utilities or other easements.

k.

Characteristics of soils related to contemplated specific uses.

l.

Existing topography on the site with contours at no greater than two-foot intervals.

m.

Anticipated uses of adjoining lands with regard to streets, surface water drainage, and compatibility with existing adjacent land uses.

(3)

Referral to plan commission. The petition for a planned unit development overlay district shall be referred by the city clerk to the city plan commission for its review and recommendation, which may include additional conditions or restrictions deemed necessary or appropriate. For referral at the next regularly scheduled plan commission meeting following receipt of the petition, it must be received by the city clerk at least 14 days prior to such meeting.

(4)

Public hearing. The city plan commission and the common council shall hold a joint public hearing pursuant to the requirements of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned unit development overlay district. As soon as is practical following the hearing, the plan commission shall report its findings and recommendations to the common council.

(Code 2004, § 17.0344(E); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

The city plan commission, in making its recommendation, and the common council, in making its determination, shall consider:

(1)

That the petitioners for the proposed planned unit development overlay district have indicated that they intend to begin the physical development of the PUD within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the city.

(2)

That the proposed planned unit development overlay district is consistent in all respects to the purposes of this section and to the spirit and intent of this chapter, that the development is in conformity with the goals, objectives, policies, and recommendations of the adopted city comprehensive plan; that, if applicable, the requirements of the Lakeside Commons Overlay District are met; and that the development would not be contrary to the general welfare and economic prosperity of the city.

(3)

The city plan commission, in making its recommendation, and the common council, in making its determination, shall further find that:

a.

The proposed site shall be provided with adequate drainage facilities for surface and stormwaters.

b.

The proposed site shall be accessible from public streets that are adequate to carry the traffic expected to be generated by the proposed development.

c.

No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

d.

The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable codes or regulations of the city.

e.

Centralized water and sewer facilities shall be provided.

f.

The entire area of land to be included in a planned unit development overlay district shall be held under single ownership, or if there is more than one owner, the petition for such planned unit development overlay district shall be considered as one lot or parcel, and the legal description must define the PUD as a single lot or parcel and be so recorded with the register of deeds for the county.

(4)

That the size, quality, and architectural design of all buildings in the project will be compatible with the general character of the city and specifically to the surrounding neighborhood, and that the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious development compatible with and not adversely affecting the property values of the surrounding neighborhood.

(5)

That a minimum building setback of 25 feet shall be maintained along any boundary street of the planned unit development. Such setback may be reduced, as a conditional use, when, in the opinion of the plan commission, such reduction in setback enhances the quality of the development and does not adversely affect adjacent properties or properties on the opposite side of the street.

(6)

That no building shall be permitted closer to a side or rear lot line than permitted by the side or rear yard requirements of the underlying basic district. Such side and rear yard requirements may be reduced, as a conditional use, when, in the opinion of the plan commission, such reduction enhances the quality of the development and does not adversely affect adjacent properties.

(7)

That in the case of a proposed residential planned unit development overlay district:

a.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the city.

b.

The total net residential density within the planned unit development overlay district will be consistent with and not exceed the density of development permitted in the underlying basic use district. When the underlying basic use district includes more than one residential district, the density for the land occupied by each district shall be calculated and the final maximum density for the planned unit development shall be the sum total of the number of units calculated for each district. Such final maximum density may be increased by not more than ten percent as an incentive when, in the opinion of the plan commission, the development proposal is of such character and quality that an increase is justified.

c.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.

d.

Adequate, continuing fire and police protection is available.

e.

The population composition of the development will not have an adverse effect upon the city's capacity to provide needed school or other municipal service facilities.

f.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

g.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the city, as part of the conditions for project approval, an open space easement restricting such areas against any future building or use except as is consistent with that of providing natural or landscaped open space contributing to the environmental enhancement of the development. Buildings or uses for noncommercial recreational or cultural purposes compatible with the open space may be permitted upon approval by the common council.

h.

The city shall have the right to carry out any maintenance in privately reserved open space which it feels necessary, if it is not otherwise taken care of to the satisfaction of the city. The costs of such maintenance may be recouped by the city in the form of an assessment against each property in the planned unit development. The manner of assuring maintenance and assessing such cost to the individual properties shall be determined prior to final plan approval and shall be included in the title to each property.

i.

Ownership and tax liability of private open space reservation areas shall be established in a manner acceptable to the city and made a part of the conditions of plan approval.

(8)

That in the case of a proposed business planned unit development overlay district:

a.

The proposed development will be adequately served by off street parking and truck service facilities.

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.

c.

The locations for vehicular entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.

d.

The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(9)

That in the case of a proposed industrial planned unit development overlay district:

a.

The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

c.

The proposed development will include adequate provisions for off street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.

d.

The proposed development is properly related to the total transportation system of the city and will not result in an adverse effect on the safety and efficiency of the public streets.

(10)

That in the case of a mixed use planned unit development overlay district:

a.

The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.

b.

The various types of uses conform to the general requirements of this chapter, applicable to projects of such use and character.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.

(11)

That in the case of a planned unit development in the Lakeside Commons Overlay District:

a.

A mix of at least three uses shall be required, including retail, office, other business, civic, and high density attached residential uses.

b.

The development shall be pedestrian and transit oriented.

c.

The development shall include conditions, covenants and restrictions that establish architectural, site design and landscaping standards that fully comply with the design requirements of the Lakeside Commons Overlay District.

d.

The development shall serve to implement the goals, objectives, policies, and recommendations of the city's comprehensive plan.

(Code 2004, § 17.0344(F); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

The common council, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a planned unit development overlay district shall be based upon and include as conditions thereto the building, site, and operational plans for the development as approved by the common council.

(Code 2004, § 17.0344(G); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

(a)

Any subsequent change or addition to the plans or uses shall first be submitted for approval to the city plan commission. If, in the opinion of the city plan commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the city plan commission shall be required and notice thereof shall be given, and the proposed alterations shall be submitted to the common council for approval.

(b)

Without limitation as to the common council's right to determine what constitutes a substantial change, a change from that shown in the approved plan in any of the following respects may be construed to be substantial:

(1)

An increase or decrease in the number of dwelling units.

(2)

A significant change in the size, value, or type of structure.

(3)

The addition of any principal uses not previously shown.

(4)

A change in the site plan that would significantly alter the relationship of uses or open spaces to adjoining properties.

(c)

When, in the opinion of the common council, an approved planned unit development does not comply with the conditions and regulations herein set forth and as made specifically applicable to such development, the appropriate responsible party shall be given 15 days' notice to appear before the plan commission to answer such charge of noncompliance. If the plan commission finds the charge substantiated and does not receive adequate assurance that the situation will be corrected within a reasonable time, as determined by the plan commission, it shall then recommend to the common council appropriate action to secure compliance or to revoke the approval of the development plan. Upon such revocation, no further building permits or occupancy permits shall be issued within the development until approval has been reinstated in whole or in part. In the case of failure to resolve the problem or to complete the development for any reason, the common council may require revision of the development plan to whatever degree is deemed necessary to bring the plan into compliance, with due consideration of the intent of the original plan and any impacts on the surrounding neighborhood.

(Code 2004, § 17.0344(H); Ord. No. 2119, 11-16-2004; Ord. No. 2267, 6-17-2008)

(a)

This district is intended to implement the urban design recommendations of the city's comprehensive plan by preserving and enhancing the historic quality of the Lakeside Commons Overlay District, and by attaining a consistent, visually pleasing image for the district. This overlay district is designed to forward both aesthetic and economic objectives of the city by controlling the site design and appearance of development within the district in a manner which is consistent with sound land use, urban design, and economic revitalization principles. The application of these standards will ensure the long-term progress and broad participation toward these principles.

(b)

In addition to the objectives of the city's comprehensive plan, the city design guidelines manual shall also be used as a guide for the implementation of the provisions in this district.

(Code 2004, § 17.0345(intro.); Ord. No. 2356, 1-4-2011)

Principal uses shall be those permitted in the underlying zoning district, with the exception of those uses listed in section 44-787, which may be permitted as conditional uses, and section 44-788, which shall be prohibited in the Lakeside Commons Overlay District.

(Code 2004, § 17.0345(A); Ord. No. 2356, 1-4-2011)

Permitted conditional uses shall be those conditional uses permitted in the underlying zoning district, with the following additional conditional uses:

(1)

Public and private parking lots and parking structures.

(2)

Bus terminals.

(3)

Drive-through uses.

(4)

Any proposed building of 15,000 square feet or more.

(5)

Rental or owner-occupied efficiency, one- and two-bedroom dwelling units located on ground level provided that there shall be a minimum floor area of 300 square feet for an efficiency apartment, 450 square feet for a one-bedroom apartment, and 600 square feet for a two-bedroom apartment.

(Code 2004, § 17.0345(B); Ord. No. 2356, 1-4-2011)

The following uses shall be prohibited in the LKC Lakeside Commons Overlay District:

(1)

Automobile service and repair stations.

(2)

Auto dealerships for new or used vehicles.

(3)

Car washes.

(4)

Delivery depots.

(5)

Dog training facilities.

(6)

Outdoor storage in business districts.

(7)

Miniwarehouses.

(8)

Vehicle rental establishments, including, but not limited to, moving trailers, trucks, and cars.

(9)

Truck terminals.

(10)

Roominghouses.

(Code 2004, § 17.0345(C); Ord. No. 2356, 1-4-2011)

The following words, terms and phrases, when used in reference to the Lakeside Commons Overlay District, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Architrave means the molding around a door or window.

Cornice means the topmost projecting portion of the entablature, or top portion of a building. This term also refers to any "crowning" projection of a building.

Header means a brick laid so that only the end appears on the face of a wall, as opposed to a stretcher, which is a brick laid so that only the side appears.

Kick plate means a horizontal area on the facade of a building located between the sidewalk/entrance pavement and the lowest storefront windows.

Sign band means a horizontal area on the facade of a building between the transom and the cornice, which is typically opaque and provides a location for signage indicating the name of the establishment.

Sill means a horizontal, lower member or bottom of a door or window casing.

Transom means a horizontal bar of stone, wood or glass across the opening of a door or window.

(Code 2004, § 17.0345(D); Ord. No. 2356, 1-4-2011)

All applications within are subject to one of the following two processes, as determined by the building inspector:

(1)

Design review. Those applications involving only a change in the appearance of a property, such as painting, roofing, siding, substitution of architectural components, fencing, paving, or signage are subject to review by the building inspector. The building inspector shall conduct the review of an application, and shall ensure that the technical and procedural requirements of this chapter are met. The building inspector shall serve as the final review and determining entity in these matters, and shall focus the review on whether the application complies with sound aesthetic, urban design, historic, and architectural practices pursuant to the procedures outlined in section 44-792. This effort shall be guided, in part, by the city's comprehensive plan and the city design guidelines manual.

(2)

Project review. Those applications involving modification to the physical configuration of a property, such as grading, erection of a new building, demolition of an existing building, or the addition or removal of bulk to an existing building, are subject to review by the building inspector and the city plan commission. The building inspector shall serve as the liaison between the applicant and the plan commission in facilitating the thorough and expedient review of an application, and shall ensure that the technical and procedural requirements of this chapter are met. The plan commission shall serve as the initial and final discretionary review body on site design, and shall focus its review on the application's compliance with sound land use, site design, and economic revitalization practices. The city plan commission shall also serve as the initial and final review and determining body on aesthetics, and shall focus its review on the application's compliance with sound aesthetic, urban design, historic, and architectural practices pursuant to the procedures outlined in section 44-793. The efforts of the plan commission shall be guided, in part, by the city's comprehensive plan and the design guidelines manual.

(Code 2004, § 17.0345(E); Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 19, 8-19-2025)

(a)

Design review. Proposals shall follow the procedures for site plan review as set forth in section 44-1262, except that, wherever the term "plan commission" appears, the term "building inspector" shall be substituted. The regulations of section 44-790(1) shall also apply.

(b)

Application requirements. In addition to the application requirements for site plan review, all applications for city design review shall be made to the building inspector and shall be accompanied by the building permit application and all of the following:

(1)

A clear depiction of the existing appearance of the property. Color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing, or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the building inspector.

(2)

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawing of proposed components such as windows, doors, railings, fencing, or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the building inspector.

(3)

A written description of the proposed modification, including a complete listing of proposed components, materials, and colors.

(4)

Written justification for the proposed alteration, consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the comprehensive plan and the city design guidelines manual, and the requirements of this chapter.

(Code 2004, § 17.0345(F); Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 20, 8-19-2025)

(a)

Project review proposals. Proposals requiring project review shall follow the procedures as set forth in subsection 44-790(2).

(b)

Application requirements. All applications for project review shall be made to the building inspector and shall be accompanied by the building permit application and all of the following:

(1)

A clear depiction of the existing appearance of the property. Color photographs are recommended for this purpose. Scaled and dimensioned drawings of existing components such as windows, doors, railings, fencing, or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the building inspector.

(2)

A clear depiction of the proposed appearance of the property. Paint charts, promotional brochures, and/or color photographs of replacement architectural components are recommended for this purpose. Scaled and dimensioned drawings of proposed components such as windows, doors, railings, fencing, or other site components, and/or detailed building elevations which are proposed for alteration or replacement may be required by the building inspector.

(3)

For all projects involving a new building, or an addition exceeding 100 square feet of gross floor area, a detailed site plan which provides the following information:

a.

A title block which indicates the name and address of the current property owner, developer, and project consultants;

b.

The date of the original plan and the latest date of revision to the plan;

c.

A north arrow and a graphic scale. Such scale shall not be smaller than one inch equals 100 feet;

d.

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;

e.

All existing and proposed easement lines and dimensions with a key provided and explained on the plan as to ownership and purpose;

f.

All existing and proposed buildings, structures, and paved areas, including walks, drives, decks, patios, fences, utility poles, drainage facilities and walls;

g.

All required building setback lines;

h.

A legal description of the subject property;

i.

The location, type, and size of all signs;

j.

The location, type, and orientation of all exterior lighting;

k.

The location of all access points, parking and loading areas, including a summary of the number of parking stalls and labels indicating the dimensions of such areas;

l.

The location and type of any permanently protected green space areas;

m.

The location of existing and proposed drainage facilities;

n.

In the legend, the following data for the subject property:

1.

Lot area;

2.

Floor area;

3.

Impervious surface area;

4.

Impervious surface ratio;

5.

Building height;

o.

A detailed landscaping plan, at the same scale as the main plan, showing the location, species and size of all proposed plant materials;

p.

A written description of the proposed project, including a complete listing of proposed components, materials and colors; and

q.

Written justification for the proposed project, consisting of the reasons why the applicant believes the requested alteration is in harmony with the recommendations of the comprehensive plan and the design guidelines manual.

(Code 2004, § 17.0345(G); Ord. No. 2356, 1-4-2011)

(a)

The building inspector is hereby authorized to make recommendations for, or require modifications to proposed applications for design review or project review.

(b)

Reserved.

(c)

The plan commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for site design aspects for project review.

(Code 2004, § 17.0345(H); Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 21, 8-19-2025)

Appeals from the decision of the building inspector and plan commission may be made to the board of zoning appeals.

(Code 2004, § 17.0345(I); Ord. No. 2356, 1-4-2011; Ord. No. 2559, § 22, 8-19-2025)