Delavan City Zoning Code
CHAPTER 13
2 Zoning Districts
Attachment 1 - Arterial and Collector Streets
Attachment 2 - Zoning Map
§ 13-2-101 Purpose.
The area located within the jurisdiction of this Title (See § 13-1-009.) is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land uses within each district, to implement the officially adopted City of Delavan Comprehensive Master Plan, and to achieve the other purposes of this Title. (See § 13-1-005.)
§ 13-2-102 Standard zoning districts and standard zoning district categories.
For the purpose of this Title, all areas within the jurisdiction of this Title (See § 13-1-009.) are hereby divided into the following standard zoning districts, and standard zoning district categories (listed in underlined text), which shall be designated as follows:
Agricultural District: |
Rural Holding (RH-35ac) District |
Institutional Districts: |
Institutional (I) District |
Institutional Residential (IR) District |
Park and Recreational (PR) District |
Residential Districts: |
Residential Estate (RE-5ac) District |
Residential Single-Family-2 (RS-2) District |
Residential Single-Family-3 (RS-3) District |
Residential Single-Family-5 (RS-5) District |
Residential Mixed (RM-8) District |
Residential Multifamily (RM-12) District |
Shoreland Single-Family Residential District (Rs-2)1 |
Shoreland Multifamily Residential District (Rm-2S)1 |
Nonresidential Districts: |
Office District: |
Office Neighborhood (ON) District |
Office Park (OP) District |
Business/Commercial Districts: |
Business Neighborhood (BN) District |
Business Regional (BR) District |
Business Local (BL) District |
Business Central (BC) District |
Manufacturing/Industrial Districts: |
Manufacturing Light (ML) District |
Manufacturing General (MG) District |
Manufacturing Heavy (MH) District |
NOTE: |
1Regulations applicable to the Shoreland Residential Districts are listed in § 13-3-504. |
State Law Reference: Section 62.23(7)(b), Wisconsin Statutes |
§ 13-2-103 Map of standard zoning districts.
Standard zoning districts established by this Title are shown on Sheet 1 of the Official Zoning Map of the City of Delavan, which together with all explanatory materials thereon, is hereby made part of this Title.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 13-2-104 Interpretation of zoning district boundaries.
The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the City of Delavan:
(1)
Zoning district boundaries shown as following or approximately following the limits of any city, village, town or county boundary shall be construed as following such limits.
(2)
Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the center line of such streets or railroad lines.
(3)
Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the City of Delavan or County of Walworth Tax Maps shall be construed as following such lines.
(4)
Zoning district boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel center lines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel center line.
(5)
Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.
(7)
Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the Official Zoning Map, the location of the line shall be determined by the Zoning Administrator.
§ 13-2-105 Purpose and intent of standard zoning districts.
[Amended 3-15-2022 by Ord. No. RC-458; 1-21-2025 by Ord. No. RC-503; 1-21-2025 by Ord. No. RC-504]
The following subsections specify the purpose and intent of the standard zoning districts established by this Title. References to "development options" refer to conventional, equestrian, and loose cluster development options which are explained in detail in § 13-3-206(1).
(1)
Agricultural district.
(a)
Rural Holding (RH-35ac) District.
1.
Description and purpose.
a.
This district is intended to permit development which is solely of a rural community character. The land use standards for this district permit very-low-density single-family residential development at a density of one dwelling unit for every 35 gross acres, as well as a variety of agricultural and agricultural support land uses. Density and intensity standards for this district are designed to ensure that development which requires even a minimum of urban services does not occur until such services are available. As such, the Rural Holding (RH-35ac) District shall either serve as a designation which preserves and protects agricultural activities, or as a holding zone which provides for an interim land use (agriculture) that will easily permit further development (with rezoning to another district) at the appropriate time.
b.
Rationale. This district is used to provide for the protection of agricultural activities, and a very-low-density residential area for those who want to live in a rural environment and who retain enough land with their residence to ensure that the rural environment is maintained as long as the Rural Holding (RH-35ac) District designation is retained. In this manner, even if all property were developed in a given area with the Rural Holding (RH-35ac) District designation, the rural community character of that area would still be maintained.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Cultivation [per § 13-3-206(2)(a)].
3)
Selective cutting [per § 13-3-206(2)(f)].
4)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
On-site agricultural retail [per § 13-3-206(2)(e)]:
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
5)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Husbandry [per § 13-3-206(2)(b)].
2)
Intensive agriculture [per § 13-3-206(2)(c)].
3)
Agricultural service [per § 13-3-206(2)(d)].
4)
Clear cutting [per § 13-3-206(2)(g)].
5)
Indoor institutional [per § 13-3-206(3)(c)].
6)
Outdoor institutional [per § 13-3-206(3)(d)].
7)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
8)
Commercial animal boarding [per § 13-3-206(4)(l)].
9)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
10)
Campground [per § 13-3-206(4)(p)].
11)
Composting operation [per § 13-3-206(5)(f)].
12)
Airport/heliport [per § 13-3-206(6)(b)].
13)
Communication tower [per § 13-3-206(7)(c)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Private residential kennel [per § 13-3-206(8)(f)].
d)
Private residential stable [per § 13-3-206(8)(g)].
e)
Drainage structure [per § 13-3-206(8)(n)].
f)
Filling [per § 13-3-206(8)(o)].
g)
Exterior communication devices [per § 13-3-206(8)(r)].
h)
Home occupation [per § 13-3-206(8)(s)].
i)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use:
a)
Individual septic disposal system [per § 13-3-206(8)(q)].
b)
Migrant labor camp [per § 13-3-206(8)(v)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
5)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
6)
Limited duration special activities and events [per § 13-3-206(9)(h)].
(2)
Residential districts.
(a)
Residential Estate (RE-5ac) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a very-low-density, countryside community character. Unlike the case for the Rural Holding (RH-35ac) District, the land use standards for this district permit primarily single-family detached residential development and a variety of related institutional land uses and are not oriented to a wide range of agricultural activities. Density and intensity standards for this district are designed to ensure that the Residential Estate (RE-5ac) District shall serve as a designation which preserves and protects the estate community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of one dwelling unit for every five gross acres.
b.
Rationale. This district is used to provide for the permanent protection of a very-low-density residential area for those who want to live in a countryside environment and who retain enough land with their residence, or in their development, to ensure that the countryside community character is maintained as long as the Residential Estate (RE-5ac) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Single-family detached: lot of 175,000 square feet in equestrian [per § 13-3-403(2)].
3)
Selective cutting [per § 13-3-206(2)(f)].
4)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Single-family detached: lot of 130,000 square feet in loose cluster [per § 13-3-403(3)].
2)
Single-family detached: lot of 80,000 square feet in moderate cluster [per § 13-3-403(4)].
3)
Single-family detached: lot of 40,000 square feet in compact cluster [per § 13-3-403(5)].
4)
Clear cutting [per § 13-3-206(2)(g)].
5)
Indoor institutional [per § 13-3-206(3)(c)].
6)
Outdoor institutional [per § 13-3-206(3)(d)].
7)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
8)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s).
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use:
a)
Private residential kennel [per § 13-3-206(8)(f)].
b)
Private residential stable [per § 13-3-206(8)(g)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(b)
Residential Single-Family-2 (RS-2) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a low-density, estate community character. Like the case for the Residential Estate (RE-5ac) District, the land use standards for this district permit primarily single-family detached residential development and a variety of related institutional land uses. Density and intensity standards for this district are designed to ensure that the Residential Single-Family-2 (RS-2) District shall serve as a designation which preserves and protects the community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of two dwelling units per gross acre.
b.
Rationale. This district is used to provide for the permanent protection of a low-density residential area for those who want to live in an estate environment and who retain enough land with their residence, or in their development, to ensure that the estate community character is maintained as long as the Residential Single-Family-2 (RS-2) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Single-family detached: lot of 175,000 square feet [per § 13-3-403(2)].
3)
Single-family detached: lot of 130,000 square feet [per § 13-3-403(3)].
4)
Single-family detached: lot of 80,000 square feet [per § 13-3-403(4)].
5)
Single-family detached: lot of 40,000 square feet [per § 13-3-403(5)].
6)
Single-family detached: lot of 30,000 square feet [per § 13-3-403(6)].
7)
Single-family detached: lot of 20,000 square feet [per § 13-3-403(7)].
8)
Selective cutting [per § 13-3-206(2)(f)].
9)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Single-family detached: 10,500 square feet lot in compact cluster [per § 13-3-403(8)].
2)
Mobile home [per § 13-3-403(16)].
3)
Clear cutting [per § 13-3-206(2)(g)].
4)
Indoor institutional [per § 13-3-206(3)(c)].
5)
Outdoor institutional [per § 13-3-206(3)(d)].
6)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
7)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use:
a)
Private residential kennel [per § 13-3-206(8)(f)].
b)
Accessory dwelling unit [per § 13-3-206(8)(w)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)].
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(c)
Residential Single-Family-3 (RS-3) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a moderate-density, suburban community character. Density and intensity standards for this district are designed to ensure that the Residential Single-Family-3 (RS-3) District shall serve as a designation which preserves and protects the suburban residential community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of three dwelling units per gross acre.
b.
Rationale. This district is used to provide for the permanent protection of a moderate-density residential area for those who want to live in an suburban residential environment and who retain enough land with their residence, or in their development, to ensure that the suburban community character is maintained as long as the Residential Single-Family-3 (RS-3) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Single-family detached: lot of 175,000 square feet [per § 13-3-403(2)].
3)
Single-family detached: lot of 130,000 square feet [per § 13-3-403(3)].
4)
Single-family detached: lot of 80,000 square feet [per § 13-3-403(4)].
5)
Single-family detached: lot of 40,000 square feet [per § 13-3-403(5)].
6)
Single-family detached: lot of 30,000 square feet [per § 13-3-403(6)].
7)
Single-family detached: lot of 20,000 square feet [per § 13-3-403(7)].
8)
Single-family detached: lot of 10,500 square feet [per § 13-3-403(8)].
9)
Selective cutting [per § 13-3-206(2)(f)].
10)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Single-family detached: lot of 8,000 square feet in moderate cluster [per § 13-3-403(9)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Indoor institutional [per § 13-3-206(3)(c)].
4)
Outdoor institutional [per § 13-3-206(3)(d)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
6)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use: not applicable.
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(d)
Residential Single-Family-5 (RS-5) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a moderate-density, neighborhood community character. Density and intensity standards for this district are designed to ensure that the Residential Single-Family-5 (RS-5) District shall serve as a designation which preserves and protects the neighborhood residential community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of five dwelling units per gross acre.
b.
Rationale. This district is used to provide for the permanent protection of a moderate-density residential area for those who want to live in an neighborhood residential environment and who retain enough land with their residence, or in their development, to ensure that the neighborhood community character is maintained as long as the Residential Single-Family-5 (RS-5) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Single-family detached: lot of 175,000 square feet [per § 13-3-403(2)].
3)
Single-family detached: lot of 130,000 square feet [per § 13-3-403(3)].
4)
Single-family detached: lot of 80,000 square feet [per § 13-3-403(4)].
5)
Single-family detached: lot of 40,000 square feet [per § 13-3-403(5)].
6)
Single-family detached: lot of 30,000 square feet [per § 13-3-403(6)].
7)
Single-family detached: lot of 20,000 square feet [per § 13-3-403(7)].
8)
Single-family detached: lot of 10,500 square feet [per § 13-3-403(8)].
9)
Single-family detached: lot of 8,000 square feet [per § 13-3-403(9)].
10)
Selective cutting [per § 13-3-206(2)(f)].
11)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Two-flat: 4,000 square feet per dwelling unit [per § 13-3-403(11)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Indoor institutional [per § 13-3-206(3)(c)].
4)
Outdoor institutional [per § 13-3-206(3)(d)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
6)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence (per § 13-3-206(8)(c)).
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use: not applicable.
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(e)
Residential Mixed (RM-8) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a moderately high-density community character which lies somewhere between suburban and urban. The land use standards for this district permit both single-family detached residential development and certain types of moderately high-density single-family attached development permitted by right, and both moderately high-density single-family attached development and certain types of multifamily development permitted as a conditional use, as well as a variety of related institutional land uses. Density and intensity standards for this district are designed to ensure that the Residential Mixed (RM-8) District shall serve as a designation which preserves and protects the moderately high-density residential community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of eight dwelling units per gross acre.
b.
Rationale. This district is used to provide for the permanent protection of an area for those who want to live in a moderately high-density residential environment and who retain enough land with their residence, or in their development, to ensure that the desired community character is maintained as long as the Residential Mixed (RM-8) District designation is retained, regardless of how much development occurs within that area. As such, this district is intended to provide the principal location for a wide range of single-family attached dwelling types, including twin houses, duplexes, atrium houses, and weak link townhouses.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 35 acres [per § 13-3-403(1)].
2)
Single-family detached: lot of 175,000 square feet [per § 13-3-403(2)].
3)
Single-family detached: lot of 130,000 square feet [per § 13-3-403(3)].
4)
Single-family detached: lot of 80,000 square feet [per § 13-3-403(4)].
5)
Single-family detached: lot of 40,000 square feet [per § 13-3-403(5)].
6)
Single-family detached: lot of 30,000 square feet [per § 13-3-403(6)].
7)
Single-family detached: lot of 20,000 square feet [per § 13-3-403(7)].
8)
Duplex: 5,000 square feet per dwelling unit [per § 13-3-403(10)].
9)
Selective cutting [per § 13-3-206(2)(f)].
10)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Single-family detached: lot of 10,500 square feet [per § 13-3-403(8)].
2)
Single-family detached: lot of 8,000 square feet [per § 13-3-403(9)].
3)
Two-flat: 4,000 square feet per dwelling unit [per § 13-3-403(11)].
4)
Townhouse: 2,400 square feet lot in moderate cluster [per § 13-3-403(12)].
5)
Multiplex: 2,000 square feet per dwelling unit in compact cluster [per § 13-3-403(13)].
6)
Clear cutting [per § 13-3-206(2)(g)].
7)
Indoor institutional [per § 13-3-206(3)(c)].
8)
Outdoor institutional [per § 13-3-206(3)(d)].
9)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
10)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use: not applicable.
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
Density and intensity requirements (per Article B of Chapter 13-3).
b.
Nonresidential uses: (per Table 23.305).
1)
One-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.400.
b)
Maximum floor area ratio (FAR): 0.200.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
2)
Two-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.450.
b)
Maximum floor area ratio (FAR): 0.220.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
(f)
Residential Multifamily (RM-12) District.
1.
Description and purpose.
a.
This district is intended to permit development which has a high-density, urban community character. The land use standards for this district permit single-family attached development permitted by right, and multifamily development permitted as a conditional use, as well as a variety of related institutional land uses. Density and intensity standards for this district are designed to ensure that the Residential Multifamily (RM-12) District shall serve as a designation which preserves and protects the urban residential community character of its area. A variety of residential development options are available in this district, with a maximum gross density (MGD) of 12 dwelling units per gross acre.
b.
Rationale. This district is used to provide for the permanent protection of an area for those who want to live in a high-density residential environment and who retain enough land with their residence, or in their development, to ensure that the urban community character is maintained as long as the Residential Multifamily (RM-12) District designation is retained, regardless of how much development occurs within that area. As such, it is intended to provide the principal location for multifamily development, including multiplexes and apartments.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Townhouse: lot of 2,400 square feet [per § 13-3-403(12)].
2)
Cultivation [per § 13-3-206(2)(a)].
3)
Active outdoor public recreational [per § 13-3-206(3)(b)].
4)
Public service and utilities [per § 13-3-206(3)(e)].
5)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)]
6)
Community living arrangement (nine to 15 residents) [per § 13-3-2063)(h)].
c.
Land uses permitted as conditional use [per § 13-3-202(4):
1)
Two-flat: 4,000 square feet per dwelling unit [per § 13-3-403(11)].
2)
Multiplex: 2,000 square feet per dwelling unit in moderate cluster [per § 13-3-403(13)].
3)
Apartment: 1,400 square feet per dwelling unit in compact cluster [per § 13-3-403(14)].
4)
Institutional residential [per §§ 13-3-206(3)(f) and 13-3-403(15)].
5)
Clear cutting [per § 13-3-206(2)(g)].
6)
Indoor institutional [per § 13-3-206(3)(c)].
7)
Outdoor institutional [per § 13-3-206(3)(d)].
8)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
9)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
10)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
11)
Boardinghouse [per § 13-3-206(4)(q)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Lawn care [per § 13-3-206(8)(p)].
d)
Family day-care home (four to eight children) [per § 13-3-206(8)(u)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
On-site composting and wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use: not applicable.
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
On-site real estate sales office [per § 13-3-206(9)(d)].
4)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
5)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
Density and intensity requirements (per Article B of Chapter 13-3).
b.
Nonresidential uses: (per Table 13-3-305).
1)
One-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.250.
b)
Maximum floor area ratio (FAR): 0.250.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
2)
Two-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.300.
b)
Maximum floor area ratio (FAR): 0.275.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
(3)
Nonresidential districts.
(a)
Office Neighborhood (ON) District.
1.
Description and purpose.
a.
This district is intended to permit high-quality office and institutional land uses at an intensity compatible with the estate community character of older portions of the City predominately developed with large homes which are desirable to maintain, where traffic volumes and adjacent land uses dictate the transition of these areas to certain nonresidential uses. In certain instances attached and multifamily housing uses may be allowed. A relatively low maximum floor area ratio (FAR) and significant areas of landscaping are required in this district to ensure that this effect is achieved.
b.
Rationale. This district is used to provide for the permanent protection of an area which preserves the original estate residential appearance, yet permits office and institutional land uses, and which ensures that the estate community character is maintained as long as the Office Neighborhood (ON) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 8,000 square feet [per § 13-3-403(9)].
2)
Selective cutting [per § 13-3-206(2)(f)].
3)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
4)
Office [per § 13-3-206(4)(a)].
5)
Personal or professional service [per § 13-3-206(4)(b)].
6)
Indoor sales or service [per § 13-3-206(4)(c)]
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Active outdoor public recreational [per § 13-3-206(3)(b)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Duplex: 5,000 square feet per dwelling unit [per § 13-3-403(10)].
2)
Two-flat: 4,000 square feet per dwelling unit [per § 13-3-403(11)].
3)
Townhouse: lot of 2,400 square feet [per § 13-3-403(12)].
4)
Multiplex: 2,000 square feet per dwelling unit [per § 13-3-403(13)].
5)
Apartment: 1,400 square feet per dwelling unit [per § 13-3-403(14)].
6)
Institutional residential [per §§ 13-3-206(3)(f) and 13-3-403(15)].
7)
Clear cutting [per § 13-3-206(2)(g)].
8)
Indoor institutional [per § 13-3-206(3)(c)].
9)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
10)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
11)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
12)
Commercial indoor lodging [per § 13-3-206(4)(m)].
13)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
14)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
15)
Vacation rental home [per § 13-3-206(4)(s)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
3)
Land uses permitted as conditional use:
a)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
b)
Commercial apartment [per § 13-3-206(8)(a)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage facility [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
6)
Limited duration special activities and events [per § 13-3-206(9)(h)].
5.
Landscaping regulations (per Article E of Chapter 13-3).
a.
Single-family residential and agricultural uses: not applicable.
b.
Nonresidential uses, two-family uses, and multifamily uses:
c.
Restriction on paving. Except for paving of access drives, paving for parking and loading areas shall not be permitted between the principal structure on the site and street rights-of-way.
(b)
Office Park (OP) District.
1.
Description and purpose.
a.
This district is intended to permit high-quality office and institutional land uses at an intensity compatible with the overall suburban community character of the City. A relatively low maximum floor area ratio (FAR) and significant areas of landscaping are required in this district to ensure that this effect is achieved. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is used to provide for the permanent protection of an area for those who desire a high-quality office environment which maintains the attractiveness of the site and retains enough open land in their development to ensure that the suburban community character is maintained as long as the Office Park (OP) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreation [per § 13-3-206(3)(a)].
3)
Office [per § 13-3-206(4)(a)].
4)
Personal or professional service [per § 13-3-206(4)(b)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Active outdoor public recreational [per § 13-3-206(3)(b)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
3)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Institutional residential [per §§ 13-3-206(3)(f) and 13-3-403(15)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Indoor institutional [per § 13-3-206(3)(c)].
4)
Outdoor institutional [per § 13-3-206(3)(d)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
6)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
7)
Indoor sales or service [per § 13-3-206(4)(c)].
8)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
9)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
10)
Commercial indoor lodging [per § 13-3-206(4)(m)].
11)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
12)
Airport/heliport [per § 13-3-206(6)(b)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
3)
Land uses permitted as conditional use:
a)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
6)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
Density and intensity requirements (per Article B of Chapter 13-3).
b.
Nonresidential uses: (per Table 13-3-305).
1)
One-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.250.
b)
Maximum floor area ratio (FAR): 0.250.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
2)
Two-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.300.
b)
Maximum floor area ratio (FAR): 0.275.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
(c)
Business Neighborhood (BN) District.
1.
Description and purpose.
a.
This district is intended to permit small-scale commercial development which is compatible with the desired overall suburban community character of the area in general, and with adjacent residential development in particular. This is accomplished with relatively low maximum floor area ratios (FARs). Significant areas of landscaping are required in this district to ensure that this effect is achieved. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is used to provide both convenience-oriented goods and services and for the permanent protection of adjacent residential areas by permitting only a limited range of commercial activities. The desired suburban community character of the development is attained through the floor area ratio (FAR) and landscape surface area ratio (LSR) requirements, and by restricting the maximum building size (MBS) of all buildings within each instance of this district to 4,000 square feet. Together, these requirements ensure that the desired suburban community character is maintained as long as the Business Neighborhood (BN) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Single-family detached: lot of 8,000 square feet in moderate cluster [per § 13-3-403(9)].
2)
Selective cutting [per § 13-3-206(2)(f)].
3)
Passive outdoor public recreation [per § 13-3-206(3)(a)].
4)
Office [per § 13-3-206(4)(a)].
5)
Personal or professional service [per § 13-3-206(4)(b)].
6)
Indoor sales or service [per § 13-3-206(4)(c)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Active outdoor public recreational [per § 13-3-206(3)(b)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Duplex: 5,000 square feet per dwelling unit [per § 13-3-403(10)].
2)
Two-flat: 4,000 square feet per dwelling unit [per § 13-3-403(11)].
3)
Townhouse: lot of 2,400 square feet [per § 13-3-403(12)].
4)
Multiplex: 2,000 square feet per dwelling unit [per § 13-3-403(13)].
5)
Apartment: 1,400 square feet per dwelling unit [per § 13-3-403(14)].
6)
Institutional residential (per §§ 13-3-206(3)(f) and 13-3-403(15)].
7)
Clear cutting [per § 13-3-206(2)(g)].
8)
Indoor institutional [per § 13-3-206(3)(c)].
9)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
10)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
11)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
12)
Commercial indoor lodging [per § 13-3-206(4)(m)].
13)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
14)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
15)
Vacation rental home [per § 13-3-206(4)(s)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
3)
Land uses permitted as conditional use:
a)
Commercial apartment [per § 13-3-206(8)(a)].
b)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
6)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(d)
Business Regional (BR) District.
1.
Description and purpose.
a.
This district is intended to permit large- and small-scale commercial development which is compatible with the desired overall suburban community character of the area in general. This is accomplished with relatively low maximum floor area ratios (FARs). Significant areas of landscaping are required in this district to ensure that this effect is achieved. A wide range of office, retail, and lodging land uses are permitted within this district. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is intended to provide the principal zoning district for commercial development which occurs after the adoption of this Title. The standards of this district are designed to provide a clear distinction from the Business Local (BL) and Business Central (BC) Districts in terms of permitted intensity of development, treatment of outdoor sales, and required green space areas. The desired suburban community character of the development is attained through the floor area ratio (FAR) and landscape surface area ratio (LSR) requirements. Together, these requirements ensure that the desired suburban community character is maintained as long as the Business Regional (BR) District designation is retained, regardless of how much development occurs within that area.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Personal or professional service [per § 13-3-206(4)(b)].
4)
Indoor sales or service [per § 13-3-206(4)(c)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Minor indoor commercial entertainment [per § 13-3-206(4)(h)].
5)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Institutional residential [per §§ 13-3-403(15) and 13-3-206(3)(f)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Indoor institutional [per § 13-3-206(3)(c)].
4)
Outdoor institutional [per § 13-3-206(3)(d)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
6)
Community living arrangement (16 or more residents) ([per § 13-3-206(3)(i)].
7)
Office [per § 13-3-206(4)(a)].
8)
Outdoor display [per § 13-3-206(4)(d)].
9)
Indoor maintenance service [per § 13-3-206(4)(e)].
10)
In-vehicle sales or service [per § 13-3-206(4)(g)].
11)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
12)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
13)
Commercial animal boarding [per § 13-3-206(4)(l)].
14)
Commercial indoor lodging [per § 13-3-206(4)(m)].
15)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
16)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)].
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)].
3)
Land uses permitted as conditional use:
a)
Commercial apartment [per § 13-3-206(8)(a)].
b)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
c)
Outdoor display incidental [per § 13-3-206(8)(j)].
d)
In-vehicle sales and services [per § 13-3-206(8)(k)].
e)
Light industrial incidental to indoor sales [per § 13-3-206(8)(m)].
f)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)1a for properties larger than five acres].
e.
Land uses permitted as temporary uses: (per § 13-3-202(6)).
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
General temporary outdoor sales [per § 13-3-206(9)(e)].
6)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
7)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
8)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
Density and intensity requirements (per Article B of Chapter 13-3).
a.
Residential uses: (per Table 13-3-304).
b.
Nonresidential uses: (per Table 13-3-305).
1)
One-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.250.
b)
Maximum floor area ratio (FAR): 0.250.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
2)
Two-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.300.
b)
Maximum floor area ratio (FAR): 0.275.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
(e)
Business Local (BL) District.
1.
Description and purpose.
a.
This district is intended to permit both large- and small-scale commercial development at intensities which provide significant incentives for infill development and the continued economic viability of existing development. To accomplish this effect, maximum permitted floor area ratios (FARs) are significantly higher and minimum required green space ratios (GSRs) are substantially lower than those required in the Business Regional (BR) District. A wide range of office, retail, and lodging land uses are permitted within this district. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is intended to provide an alternative, primarily infill development, designation for commercial activity to the Business Regional (BR) District. Performance standards for the Business Local (BL) District are designed to ensure the long-term economic health of strip commercial development areas, existing as of the effective date of this Title, by limiting the attraction of the Business Regional (BR) District to those uses which can afford the relatively higher development costs and rents associated with development in that district.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Office [per § 13-3-206(4)(a)].
4)
Personal or professional service [per § 13-3-206(4)(b)].
5)
Indoor sales or service [per § 13-3-206(4)(c)].
6)
Indoor maintenance service [per § 13-3-206(4)(e)].
7)
Minor indoor commercial entertainment [per § 13-3-206(4)(h)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Active outdoor public recreational [per § 13-3-206(3)(b)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
3)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
4)
Off-site parking lot [per § 13-3-206(6)(a)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Institutional residential [per §§ 13-3-403(15) and 13-3-206(3)(f)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Indoor institutional [per § 13-3-206(3)(c)].
4)
Outdoor institutional [per § 13-3-206(3)(d)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
6)
Community living arrangement (16 or more residents) ([per § 13-3-206(3)(i)].
7)
Outdoor display [per § 13-3-206(4)(d)].
8)
In-vehicle sales or service [per § 13-3-206(4)(g)].
9)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
10)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
11)
Commercial animal boarding [per § 13-3-206(4)(l)].
12)
Commercial indoor lodging [per § 13-3-206(4)(m)].
13)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
14)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
15)
Vacation rental home [per § 13-3-206(4)(s)].
d.
Land uses permitted as accessory uses: [per § 13-3-202(5)].
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)].
3)
Land uses permitted as conditional use:
a)
Commercial apartment [per § 13-3-206(8)(a)].
b)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
c)
Outdoor display incidental [per § 13-3-206(8)(j)].
d)
n-vehicle sales and services [per § 13-3-206(8)(k)].
e)
Light industrial incidental to indoor sales [per § 13-3-206(8)(m)].
f)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)1a for properties larger than five acres].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
General temporary outdoor sales [per § 13-3-206(9)(e)].
6)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
7)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
8)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(f)
Business Central (BC) District.
1.
Description and purpose.
a.
This district is intended to permit both large- and small-scale downtown commercial/business development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. To accomplish this effect, maximum floor area ratios (FARs) permitted in this district are much higher than those allowed in the Business Regional (BR) and Business Local (BL) Districts. A wide range of office, retail, and lodging land uses are permitted within this district. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street. No requirements for on-site landscaping or parking are required in this district. This district is strictly limited to the central City locations.
b.
Rationale. This district is intended to provide an alternative, primarily infill development, designation for commercial activity to the Business Regional (BR) and Business Local (BL) District. Performance standards are designed to assist in maintaining the long-term viability of the central City center.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)].
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Personal or professional service [per § 13-3-206(4)(b)].
4)
Indoor sales or service [per § 13-3-206(4)(c)].
5)
Minor indoor commercial entertainment [per § 13-3-206(4)(h)].
b.
Land uses permitted as special use [per § 13-3-202(3)].
1)
Active outdoor public recreational [per § 13-3-206(3)(b)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
3)
Off-site parking lot [per § 13-3-206(6)(a)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)].
1)
Clear cutting [per § 13-3-206(2)(g)].
2)
Outdoor institutional [per § 13-3-206(3)(d)].
3)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
4)
Office [per § 13-3-206(4)(a)].
5)
In-vehicle sales or service [per § 13-3-206(4)(g)].
6)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
7)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
8)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
9)
Commercial indoor lodging [per § 13-3-206(4)(m)].
10)
Bed-and-breakfast establishment [per § 13-3-206(4)(n)].
11)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
12)
Vacation rental home [per § 13-3-206(4)(s)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Drainage structure [per § 13-3-206(8)(n)].
d)
Filling [per § 13-3-206(8)(o)].
e)
Exterior communication devices [per § 13-3-206(8)(r)].
f)
Home occupation [per § 13-3-206(8)(s)].
g)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)].
3)
Land uses permitted as conditional use:
a)
Commercial apartment [per § 13-3-206(8)(a)].
b)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
c)
In-vehicle sales and services [per § 13-3-206(8)(k)].
d)
Light industrial incidental to indoor sales [per § 13-3-206(8)(m)].
e)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)1a for properties larger than five acres].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
General temporary outdoor sales [per § 13-3-206(9)(e)].
6)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
7)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
8)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(g)
Manufacturing Light (ML) District.
1.
Description and purpose.
a.
This district is intended to permit both large- and small-scale, high-quality industrial and office development at an intensity which is consistent with the overall desired suburban community character of the community. This district is also intended to provide for planned, moderate-density residential developments in the area east of IH 43 and south of STH 50 and west of North Shore Road. Beyond a relatively low maximum floor area ratio (FAR) and a relatively high minimum green space ratio (GSR) and landscape requirements, the primary distinguishing feature of this district is that it is geared to indoor industrial activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no nonresidential development within this district shall take direct access to a local residential street or a collector street.
b.
Rationale. This district is intended to provide a location for suburban-intensity light industrial land uses, such as assembly operations, storage and warehousing facilities, offices, and light manufacturing, which are protected from potential nuisances associated with certain development permitted within the Heavy Industrial (MH) District. In addition, land uses shall comply with the minimum performance standards presented in Article F of Chapter 13-3.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Office [per § 13-3-206(4)(a)].
4)
Indoor maintenance service [per § 13-3-206(4)(e)].
5)
Indoor storage or wholesaling [per § 13-3-206(5)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Outdoor display [per § 13-3-206(4)(d)].
5)
Minor indoor commercial entertainment [per § 13-3-206(4)(h)].
6)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
7)
Light industrial [per § 13-3-206(7)(a)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Clear cutting [per § 13-3-206(2)(g)].
2)
Indoor institutional [per § 13-3-206(3)(c)].
3)
Outdoor institutional [per § 13-3-206(3)(d)].
4)
Personal or professional service [per § 13-3-206(4)(b)].
5)
Indoor sales or service [per § 13-3-206(4)(c)].
6)
In-vehicle sales or service [per § 13-3-206(4)(g)].
7)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
8)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
9)
Commercial indoor lodging [per § 13-3-206(4)(m)].
10)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
11)
Outdoor storage or wholesaling [per § 13-3-206(5)(b)].
12)
Personal storage facility [per § 13-3-206(5)(c)].
13)
Airport/heliport [per § 13-3-206(6)(b)].
14)
Distribution center [per § 13-3-206(6)(d)].
15)
Communication tower [per § 13-3-206(7)(c)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Indoor sales incident to light industrial use [per § 13-3-206(8)(e)].
d)
Drainage structure [per § 13-3-206(8)(n)].
e)
Filling [per § 13-3-206(8)(o)].
f)
Exterior communication devices [per § 13-3-206(8)(r)].
g)
Home occupation [per § 13-3-206(8)(s)].
h)
On-site composting and wood piles [per § 13-3-206(8)(t)].
i)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)].
3)
Land uses permitted as conditional use:
a)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
b)
Outdoor display incidental [per § 13-3-206(8)(j)].
c)
In-vehicle sales and services [per § 13-3-206(8)(k)].
d)
Food and beverage vehicles, carts, and stands [per § 13-3-206(8)(z)1a for properties larger than five acres].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
General temporary outdoor sales [per § 13-3-206(9)(e)].
6)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
7)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
8)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
Density and intensity requirements (per Article B of Chapter 13-3).
b.
Nonresidential uses: (per Table 13-3-305).
1)
One-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.250.
b)
Maximum floor area ratio (FAR): 0.500.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
2)
Two-story buildings:
a)
Minimum landscape surface ratio (LSR): 0.300.
b)
Maximum floor area ratio (FAR): 0.550.
c)
Minimum lot area (MLA): one acre. (NOTE: 20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this Title.)
d)
Maximum building size (MBS): not applicable.
(h)
Manufacturing General (MG) District.
1.
Description and purpose.
a.
This district is intended to permit both large- and small-scale moderate-quality industrial and office development at an intensity which is consistent with existing transition and urban intensity development. Beyond a relatively high maximum floor area ratio (FAR) and a moderate minimum green space ratio (GSR), the primary distinguishing feature of this district is that it is geared to industrial activities which are not typically associated with high levels of noise, soot, odors and other potential nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is intended to provide a location for urban intensity light industrial land uses, such as assembly operations, storage and warehousing facilities, offices, and light manufacturing, which are protected from potential nuisances associated with certain development permitted within the Heavy Industrial (MH) District. In addition, uses shall comply with the minimum performance standards presented in Article F of Chapter 13-3.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)].
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Office [per § 13-3-206(4)(a)].
4)
Indoor maintenance service [per § 13-3-206(4)(e)].
5)
Indoor storage or wholesaling [per § 13-3-206(5)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
3)
Minor outdoor commercial entertainment [per § 13-3-206(4)(j)].
4)
Off-site parking lot [per § 13-3-206(6)(a)].
5)
Light industrial [per § 13-3-206(7)(a)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Clear cutting [per § 13-3-206(2)(g)].
2)
Minor indoor commercial entertainment [per § 13-3-206(4)(h)].
3)
Major indoor commercial entertainment [per § 13-3-206(4)(i)].
4)
Major outdoor commercial entertainment [per § 13-3-206(4)(k)].
5)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
6)
Outdoor storage or wholesaling [per § 13-3-206(5)(b)].
7)
Airport/heliport [per § 13-3-206(6)(b)].
8)
Distribution center [per § 13-3-206(6)(d)].
9)
Communication tower [per § 13-3-206(7)(c)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Indoor sales incidental to light industrial use [per § 13-3-206(8)(l)].
d)
Drainage structure [per § 13-3-206(8)(n)].
e)
Filling [per § 13-3-206(8)(o)].
f)
Exterior communication devices [per § 13-3-206(8)(r)].
g)
Home occupation [per § 13-3-206(8)(s)].
h)
On-site composting/wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use:
a)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
b)
Outdoor display incidental [per § 13-3-206(8)(j)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
Seasonal outdoor sales of farm products [per § 13-3-206(9)(f)].
6)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
7)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(i)
Manufacturing Heavy (MH) District.
1.
Description and purpose.
a.
This district is intended to permit both large- and small-scale industrial and office development at an intensity which provides ample incentive for infill development and redevelopment of industrial areas existing as of the effective date of this Title. This district is designed to permit a very wide variety of industrial uses which may occur both indoors and outdoors, including certain land uses which are permitted in no other zoning district because of their potential to create nuisances for adjoining properties. In order to ensure a minimum of disruption to residential development, no development within this district shall take direct access to a local residential street or a residential collector street.
b.
Rationale. This district is intended to provide a location for both light and heavy industrial uses in a zoning district in which the potential for nuisance complaints from nearby properties is minimized. It must be emphasized that this is not a district where virtually any land use is permitted, as all uses shall comply with the minimum performance standards presented in Article F of Chapter 13-3. In addition, certain land uses, such as extraction, junkyards and salvage operations, and freight terminals are permitted within this district only upon the granting of a conditional use permit.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
3)
Office [per § 13-3-206(4)(a)].
4)
Indoor maintenance service [per § 13-3-206(4)(e)].
5)
Indoor storage or wholesaling [per § 13-3-206(5)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Public service and utilities [per § 13-3-206(3)(e)].
3)
Off-site parking lot [per § 13-3-206(6)(a)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Agricultural services [per § 13-3-206(2)(d)].
2)
Clear cutting [per § 13-3-206(2)(g)].
3)
Outdoor maintenance service [per § 13-3-206(4)(f)].
4)
Sexually oriented land uses [per § 13-3-206(4)(r)].
5)
Outdoor storage or wholesaling [per § 13-3-206(5)(b)].
6)
Junkyard or salvage yard [per § 13-3-206(5)(d)].
7)
Waste disposal facility [per § 13-3-206(5)(e)].
8)
Composting operation [per § 13-3-206(5)(f)].
9)
Recycling and related activities [per § 13-3-206(5)(g)].
10)
Airport/heliport [per § 13-3-206(6)(b)].
11)
Freight terminal [per § 13-3-206(6)(c)].
12)
Distribution center [per § 13-3-206(6)(d)].
13)
Light industrial [per § 13-3-206(7)(a)].
14)
Manufacturing heavy industrial [per § 13-3-206(7)(b)].
15)
Communication tower [per § 13-3-206(7)(c)].
16)
Extraction use [per § 13-3-206(7)(d)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)].
1)
Land uses permitted by right:
a)
Farm residence [per § 13-3-206(8)(c)].
b)
Detached private residential garage, carport, or utility shed [per § 13-3-206(8)(d)].
c)
Company cafeteria [per § 13-3-206(8)(h)].
d)
Lawn care [per § 13-3-206(8)(p)].
2)
Land uses permitted as special use:
a)
On-site parking lot [per § 13-3-206(8)(b)].
b)
Private residential recreational facility [per § 13-3-206(8)(e)].
c)
Indoor sales incident to light industrial use [per § 13-3-206(8)(1)].
d)
Drainage structure [per § 13-3-206(8)(n)].
e)
Filling [per § 13-3-206(8)(o)].
f)
Exterior communication devices [per § 13-3-206(8)(r)].
g)
Home occupation [per § 13-3-206(8)(s)].
h)
On-site composting/wood piles [per § 13-3-206(8)(t)].
3)
Land uses permitted as conditional use:
a)
Company-provided on-site recreation [per § 13-3-206(8)(i)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Relocatable building [per § 13-3-206(9)(c)].
4)
On-site real estate sales office [per § 13-3-206(9)(d)].
5)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
6)
Limited duration special activities and events [per § 13-3-206(9)(h)].
3.
(j)
Institutional (I) District.
1.
Description and purpose.
a.
This district is intended to provide for a variety of institutional land uses, while excluding other land uses. Institutional uses may also be allowed in other districts.
b.
Rationale. This district is used to provide for institutional uses, precluding the potential for noninstitutional development.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)].
1)
Clear cutting [per § 13-3-206(2)(g)].
2)
Indoor institutional [per § 13-3-206(3)(c)].
3)
Outdoor institutional [per § 13-3-206(3)(d)].
4)
Institutional residential [per §§ 13-3-403(15) and 13-3-206(3)(f)].
5)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
6)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
7)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
8)
Outdoor display [per § 13-3-206(4)(d)].
9)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
On-site parking lot [special use per § 13-3-206(8)(b)].
2)
Drainage structure [special use per § 13-3-206(8)(n)].
3)
Filling [special use per § 13-3-206(8)(o)].
4)
Exterior communication devices [special use per § 13-3-206(8)(r)].
5)
On-site composting and wood piles [special use per § 13-3-206(8)(t)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)].
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
4)
Limited duration special activities and events [per § 13-3-206(9)(h)].
4.
Bulk requirements (per Article C of Chapter 13-3). Bulk requirements in this district shall be the same as for nonresidential uses in the Office Neighborhood (ON) District.
(k)
Institutional Residential (IR) District.
1.
Description and purpose.
a.
This district is intended to provide for a variety of institutional residential land uses, while excluding other land uses. Institutional residential uses may also be allowed in other districts.
b.
Rationale. This district is used to provide for the permanent protection of an area for institutional residential uses, such as elderly housing, group homes, nursing homes, etc.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)]:
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
4)
Community living arrangement (one to eight residents) [per § 13-3-206(3)(g)].
5)
Community living arrangement (nine to 15 residents) [per § 13-3-206(3)(h)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)].
1)
Institutional residential [per §§ 13-3-206(3)(f) and 13-3-403(15)].
2)
Age-restricted residential with reduced parking [per § 13-3-403(17)].
3)
Clear cutting [per § 13-3-206(2)(g)].
4)
Indoor institutional [per § 13-3-206(3)(c)].
5)
Outdoor institutional [per § 13-3-206(3)(d)].
6)
Community living arrangement (16 or more residents) [per § 13-3-206(3)(i)].
7)
Group day-care center (nine or more children) [per § 13-3-206(4)(o)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)].
1)
On-site parking lot [special use per § 13-3-206(8)(b)].
2)
Drainage structure [special use per § 13-3-206(8)(n)].
3)
Filling [special use per § 13-3-206(8)(o)].
4)
Exterior communication devices [special use per § 13-3-206(8)(r)].
5)
On-site composting and wood piles [special use per § 13-3-206(8)(t)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Contractor's project office [per § 13-3-206(9)(a)].
2)
Contractor's on-site equipment storage [per § 13-3-206(9)(b)].
3)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
4)
Limited duration special activities and events [per § 13-3-206(9)(h)].
4.
Bulk requirements (per Article C of Chapter 13-3). Bulk requirements in this district shall be the same as for multifamily residential uses in the Residential Multifamily (RM-12) District.
(l)
Park and Recreation (PR) District.
1.
Description and purpose.
a.
This district is intended to provide for a variety of park and recreation land uses excluding other land uses. Park and recreation land uses may also be allowed in other districts.
b.
Rationale. This district is used to provide for park and recreation uses, precluding the potential for nonpark development.
2.
List of allowable land uses (per Article A of Chapter 13-3).
a.
Land uses permitted by right [per § 13-3-202(2)].
1)
Selective cutting [per § 13-3-206(2)(f)].
2)
Passive outdoor public recreational [per § 13-3-206(3)(a)].
b.
Land uses permitted as special use [per § 13-3-202(3)]:
1)
Cultivation [per § 13-3-206(2)(a)].
2)
Active outdoor public recreational [per § 13-3-206(3)(b)].
3)
Public service and utilities [per § 13-3-206(3)(e)].
c.
Land uses permitted as conditional use [per § 13-3-202(4)]:
1)
Clear cutting [per § 13-3-206(2)(g)].
2)
Indoor institutional [per § 13-3-206(3)(c)].
3)
Outdoor institutional [per § 13-3-206(3)(d)].
d.
Land uses permitted as accessory uses [per § 13-3-202(5)]:
1)
On-site parking lot [special use per § 13-3-206(8)(b)].
2)
Drainage structure [special use per § 13-3-206(8)(n)].
3)
Filling [special use per § 13-3-206(8)(o)].
4)
Exterior communication devices [special use per § 13-3-206(8)(r)].
5)
On-site composting and wood piles [special use per § 13-3-206(8)(t)].
e.
Land uses permitted as temporary uses [per § 13-3-202(6)]:
1)
Outdoor assembly [conditional use per § 13-3-206(9)(g)].
2)
Limited duration special activities and events [per § 13-3-206(9)(h)].
4.
Bulk requirements (per Article C of Chapter 13-3). Bulk requirements in this district shall be the same as for nonresidential uses in the Office Neighborhood (ON) District.
§ 13-2-106 Natural Resource Protection Overlay Zoning Districts.
(1)
This Title employs overlay zoning districts to identify and regulate areas in which natural resource protection requirements apply. Each type of natural resource regulated by this Title is represented by an overlay zoning district bearing its name.
(2)
Natural Resource Protection Overlay Districts include:
§ 13-2-107 Map of Natural Resource Protection Overlay Districts.
Natural Resource Protection Overlay Zoning Districts established by this Title are shown on Sheet 2 of the Official Zoning Map of the City of Delavan, which together with all the explanatory material thereon, is hereby made part of this Title. For specific Natural Resource Protection Overlay District designation criteria, see Article D of Chapter 13-3.
(1)
Boundaries of these districts are hereby established as shown on the maps entitled "Zoning Map — City of Delavan, Wisconsin," effective date August 21, 1996, "Supplementary Floodland Zoning Map — City of Delavan, Wisconsin," dated August 30, 1983, and SEWRPC 1975 Corridor Composite Maps as updated by the most recently adopted SEWRPC Corridor Inventory Maps, all maps which accompany and are herein made a part of this Title. This Title hereby incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the Common Council.
(2)
The district boundaries in all districts, except the Shoreland-Wetland Overlay District and the floodland districts shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended.
(3)
Boundaries of the Floodway Overlay District (FW), the Floodplain Overlay District (FP), and the Floodfringe Overlay District (FF) shall be determined by use of the technical data contained in the Flood Insurance Study — City of Delavan, Walworth County, Wisconsin, published by the Federal Emergency Management Agency (FEMA) and dated October 2, 2009. The information contained in the flood insurance study is defined as listed in § 13-3-503(1)(b).
(4)
Boundaries of the Shoreland-Wetland Overlay District are based on the Wisconsin Wetland Inventory Map for the City of Delavan, dated December 12, 1986, and stamped "FINAL", and include, but are not limited to, all shoreland wetlands, five acres or greater in area shown on that map.
§ 13-2-108 Downtown Design Overlay Zoning District.
This district is intended to implement the urban design recommendations of the Downtown Summary Concept Design Handbook (adopted by the City of Delavan on October 28, 1991), by preserving and enhancing the historical quality of the downtown, and by attaining a consistent visually pleasing image for the downtown area. As emphasized by said handbook, this 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 long-term progress and broad participation toward these principles. (See page 1 of said handbook.) Refer to § 13-4-913 for the procedures applicable to proposal review in this overlay district.
§ 13-2-109 Historic Neighborhood Design Overlay Zoning District.
(Reserved)
§ 13-2-110 Entry Corridor Design Overlay Zoning District.
(Reserved)
§ 13-2-111 Community Gateway Design Overlay Zoning District.
(Reserved)
§ 13-2-112 Planned Infill Development District.
This district is intended to provide more incentives for redevelopment in areas of the community which are experiencing a lack of reinvestment. As emphasized by said plan, this district is designed to forward both aesthetic and economic objectives of the City by controlling the site design and the appearance, density, or intensity 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 long-term progress and broad participation toward these principles. Refer to § 13-4-914 for the procedures applicable to proposal review in this overlay district.
§ 13-2-113 Wellhead Protection Overlay District.
This district is intended to provide a means for regulating potentially adverse land use practices and adverse land development within the Wellhead Protection Overlay Zoning District. Please refer to § 13-4-915 for the procedures applicable to land use activities within this overlay district.