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Edgerton City Zoning Code

ARTICLE VIII

Zoning Districts

§ 450-81 Zoning Map.

The location and boundaries of the zoning districts are established as shown on the map entitled "Official Zoning Map, City of Edgerton, Wisconsin," dated as amended, which accompanies and is made part of this chapter. All notations and references shown on the Zoning Map are as much a part of this chapter as though specifically described herein.

§ 450-82 District boundaries.

The following rules shall apply with respect to the boundaries of the zoning districts as shown on the Zoning Maps.
A. 
Where zoning district boundary lines are indicated as following a street, alley or extension thereof, such boundary lines shall be construed to be the center line of said street, alley or extension thereof unless clearly shown to the contrary.
B. 
Where a boundary line coincides approximately but not exactly with a lot line which existed on the effective date of incorporation of such boundary line into the Zoning Map, the boundary line shall be construed to be the lot line at that location.
C. 
For unsubdivided property, the location of the district boundary lines shown on the district map shall be determined by the use of the scale shown on such map.
D. 
Where any uncertainty exists as to the exact location of zoning district boundary lines, the Zoning Board of Appeals, upon written application, shall determine the location of such boundary lines.

§ 450-83 Residential District One (R-1).

A. 
Purpose and intent.
(1) 
This district is intended to permit development that has a moderate density, community character. Density and intensity standards for this district are designed to ensure that the R-1 District shall serve as a designation which preserves and protects the residential community character of its area. Residential development with a maximum gross density (MGD) of four dwelling units per gross acre is available within this district.
(2) 
Rationale. This district is used to provide for the permanent protection of a moderate density residential area for those who want to live in a suburban residential environment and who retain enough land with their residence, or in their development, to ensure that the community character is maintained as long as the R-1 District designation is retained, regardless of how much development occurs within that area.
B. 
List of allowable principal land uses.
(1) 
Principal land uses permitted by right:
(a) 
Single-family detached (site-built): 10,000 square feet lot [per § 450-33A(2)(a)].
(b) 
Manufactured home: 10,000 square feet lot [per § 450-33A(2)(i)].
(c) 
Manufactured dwelling (modular): 10,000 square feet lot [per § 450-33A(2)(j)].
(d) 
Selective cutting [per § 450-33B(2)].
(e) 
Passive outdoor public recreation [per § 450-33C(1)].
(f) 
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)].
(2) 
Principal land uses permitted by right with additional special requirements.
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Public services and utilities [per § 450-33C(5)].
(d) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3) 
Principal land uses permitted as conditional use.
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Indoor institutional [per § 450-33C(3)].
(c) 
Outdoor institutional [per § 450-33C(4)].
(d) 
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(e) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(4) 
List of allowable accessory uses.
(a) 
Accessory land uses permitted by right.
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Detached garage, carport or shed [per § 450-33E(4)].
[3] 
Family day care home [per § 450-33E(20)].
[4] 
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)].
(b) 
Accessory land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Private residential recreational facility [per § 450-33E(5)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
(c) 
Accessory land uses permitted as conditional use: intermediate day care home [per § 450-33E(21)].
(5) 
List of allowable temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
On-site real estate sales office [per § 450-33F(4)].
(d) 
Outdoor assembly [per § 450-33F(7)].
(e) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Minimum zoning district area: 10,000 square feet.
(b) 
Maximum gross density (MGD): four DU/acre.
(c) 
Minimum landscape surface ratio (LSR): 50%
(d) 
Maximum building coverage: 40%
(e) 
Maximum accessory building coverage: 15%
[Amended 7-17-2023 by Ord. No. 23-10]
(2) 
Residential bulk requirements:
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width: 75 feet.
(c) 
Minimum street frontage: 40 feet.
(d) 
Front or street side lot line setback:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal to or greater than the actual setback of the principal structure.
(e) 
Side lot line setback.
[1] 
Principal structure: 10 feet.
[2] 
Accessory structure: five feet.
(f) 
Rear lot line setback.
[1] 
Principal structure: 25 feet.
[2] 
Accessory structure: five feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear, 10 feet from street.
(i) 
Minimum dwelling unit separation: 12 feet.
(j) 
Maximum height:
[1] 
Principal structure: 35 feet.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): two.
(l) 
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m) 
Minimum eave width: 18 inches.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): two.
(b) 
Minimum landscape surface ratio (LSR): 50%.
(c) 
Maximum floor area ratio (FAR): 0.15
(d) 
Minimum lot area (MLA): 14,000 square feet.
(e) 
Maximum building size (MBS): N/A.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 14,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Front and street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure. Equal or greater than the actual setback of the principal structure
(e) 
Side lot line setback:
[1] 
Principal structure to residential side lot line: 14 feet.
[2] 
Principal structure to nonresidential side lot line: 12 feet.
[3] 
Accessory structure: five.
(f) 
Rear lot line:
[1] 
Principal structure to residential lot line: 40 feet.
[2] 
Principal structure to nonresidential lot line: 40 feet.
[3] 
Accessory structure: five.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(i) 
Minimum building separation: 12 feet.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
(6) 
Exterior storage (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-84 Residential District Two (R-2).

A. 
Description and purpose:
(1) 
This district is intended to permit development that has a moderate density community character. The land use standards for this district permit single-family detached residential development by right and twin house/duplexes, two flat, mobile home parks, and mobile home subdivisions by conditional use. Density and intensity standards for this district are designed to ensure that the R-2 District shall serve as a designation which preserves and protects the moderate density residential community character of its area. Various residential development options are available in this district, with a maximum gross density (MGD) of eight dwelling units per gross acre.
(2) 
Rationale. This district is used to provide for the permanent protection of an area for those who want to live in a moderate 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 R-2 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 single-family, duplexes, twin houses, and two flats.
B. 
List of allowable principal land uses.
(1) 
Principal land uses permitted by right:
(a) 
Single-family detached (site-built): 8,000 square feet lot [per § 450-33A(2)(a)].
(b) 
Manufactured home: 8,000 square feet lot [per § 450-33A(2)(i)].
(c) 
Manufactured dwelling (modular): 8,000 square feet lot [per § 450-33A(2)(j)].
(d) 
Selective cutting [per § 450-33B(2)].
(e) 
Passive outdoor public recreation [per § 450-33C(1)].
(2) 
Principal land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Public services and utilities [per § 450-33C(5)].
(d) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3) 
Principal land uses permitted as conditional use:
(a) 
Duplex/twin house: 5,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(b) 
Two-flat: 10,000 square feet lot [per § 450-33A(1)(d)].
(c) 
Clear-cutting [per § 450-33B(3)].
(d) 
Indoor institutional [per § 450-33C(3)].
(e) 
Outdoor institutional [per § 450-33C(4)].
(f) 
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(g) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(4) 
List of allowable accessory uses:
(a) 
Accessory land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Detached garage, carport or shed [per § 450-33E(4)].
[3] 
Family day care home [per § 450-33E(20)].
[4] 
Power-generated devices incidental to on-site principal use. [§ 450-33E(23)]
(b) 
Accessory land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Private residential recreational facility [per § 450-33E(5)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
(c) 
Accessory land uses permitted as conditional use: intermediate day care home [per § 450-33E(21)].
(5) 
List of allowable temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
On-site real estate sales office [per § 450-33F(4)].
(d) 
Outdoor assembly [per § 450-33F(7)].
(e) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Minimum zoning district area: 8,000 square feet.
(b) 
Maximum gross density (MGD): eight DU/acre.
(c) 
Minimum landscape surface ratio (LSR): 50%.
(d) 
Maximum building coverage: 40%.
(e) 
Maximum accessory building coverage: 15%.
[Amended 7-17-2023 by Ord. No. 23-10]
(2) 
Residential bulk requirements:
(a) 
Minimum lot area:
[1] 
Eight thousand square feet for single-family dwellings.
[2] 
Ten thousand square feet for two-family dwellings.
[3] 
Five thousand square feet for twin house.
(b) 
Minimum lot width:
[1] 
Single-family and two-family: 70 feet.
[2] 
Twin house: 35 feet.
[3] 
Lots platted before November 20, 1995, for single-family only: 66 feet.
[4] 
Lots platted before November 20, 1995, which contained two unit residential structures at that time are legal conforming uses as long as the two-unit use continues.
(c) 
Minimum street frontage:
[1] 
Single-family and two-family: 50 feet.
[2] 
Twin house: 25 feet.
(d) 
Front and street side lot line setback:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setback:
[1] 
Principal structure: eight feet.
[2] 
Total of both sides, lot lines to principal structure: 16 feet.
[3] 
Accessory structure: three feet.
(f) 
Rear lot line setbacks:
[1] 
Principal structure: 25 feet.
[2] 
Accessory structure: five feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: three feet from side except the paved surface must have a five foot setback at all street property lines; five feet from rear, 10 feet from street.
(i) 
Minimum dwelling unit separation: 12 feet or zero along common wall.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): two.
(l) 
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m) 
Minimum eave width: 18 inches.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): two.
(b) 
Minimum landscape surface ratio (LSR): 30%.
(c) 
Maximum floor area ratio (FAR): 0.22.
(d) 
Minimum lot area (MLA): 14,000 square feet.
(e) 
Maximum building size (MBS): N/A.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 14,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Front or street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setbacks:
[1] 
Principal structure to residential side lot line: 12 feet.
[2] 
Principal structure to nonresidential side lot line: 12 feet.
[3] 
Side lot line to accessory structure: five.
(f) 
Rear lot line setbacks:
[1] 
Principal structure to residential rear lot line: 40 feet.
[2] 
Principal structure to nonresidential rear lot line: 40 feet.
[3] 
Accessory structure: five.
(g) 
Required bufferyard. See § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(i) 
Minimum building separation: 12 feet or zero along common wall.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
(6) 
Exterior storage (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-85 Residential District Three (R-3).

A. 
Description and purpose.
(1) 
This district is intended to permit development that has a higher density community character. The land use standards for this district permit single-family detached, twin house/duplex, two flats, townhouses, and multiplexes permitted by right and related institutional land uses. Density and intensity standards for this district are designed to ensure that the R-3 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 14 dwelling units per gross acre.
(2) 
Rationale. This district is used to provide for the permanent protection of an area for those who want to live in a higher 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 R-3 District designation is retained, regardless of how much development occurs within that area. As such, it is intended to provide the principal location for mixed residential development.
B. 
List of allowable principal land uses.
(1) 
Principal land uses permitted by right:
(a) 
Single-family detached (site-built): 6,000 square feet lot [per § 450-33A(2)(a)].
(b) 
Duplex/twin house: 4,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(c) 
Two-flat: 8,000 square feet lot [per § 450-33A(1)(d)].
(d) 
Mobile home: 6,000 square feet lot/air pad within a mobile home subdivision or park [per § 450-33A(2)(h)].
(e) 
Manufactured home: 6,000 square feet lot/air pad [per § 450-33A(2)(i)].
(f) 
Manufactured dwelling (modular): 6,000 square feet lot [per § 450-33A(2)(j)].
(g) 
Selective cutting [per § 450-33B(2)].
(h) 
Passive outdoor public recreation [per § 450-33C(1)].
(2) 
Principal land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Public services and utilities [per § 450-33C(5)].
(d) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(e) 
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(3) 
Principal land uses permitted as conditional use:
(a) 
Townhouse (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(e)].
(b) 
Multiplex (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(f)].
(c) 
Apartment (three- to four-unit; 10,500 square feet to 12,000 square feet lot) [per § 450-33A(2)(g)].
(d) 
Mobile home subdivision or park [per § 450-33A(3) or (4)].
(e) 
Clear-cutting [per § 450-33B(3)].
(f) 
Indoor institutional [per § 450-33C(3)].
(g) 
Outdoor institutional [per § 450-33C(4)].
(h) 
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(i) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(j) 
Day-care center (nine or more children) [per § 450-33D(11)].
(4) 
List of allowable accessory uses:
(a) 
Accessory land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Detached garage, carport or shed [per § 450-33E(4)].
[3] 
Family day care home [per § 450-33E(20)].
[4] 
Power-generated devices incidental to on-site principal use. [per § 450-33E(23)].
(b) 
Accessory land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Private residential recreational facility [per § 450-33E(5)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
(c) 
Accessory land uses permitted as conditional use:
[1] 
Intermediate day care home [per § 450-33E(21)].
(5) 
List of allowable temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
On-site real estate sales office [per § 450-33F(4)].
(d) 
Outdoor assembly [per § 450-33F(7)].
(e) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Minimum zoning district area: 6,000 square feet.
(b) 
Maximum gross density (MGD): 14 DU/acre.
(c) 
Minimum landscape surface ratio (LSR): 50%.
(d) 
Maximum building coverage: 40%.
(e) 
Maximum accessory building coverage: 15%.
[Amended 7-17-2023 by Ord. No. 23-10]
(2) 
Residential bulk requirements.
(a) 
Minimum lot area:
[1] 
Six thousand square feet for single-family dwelling.
[2] 
Eight thousand square feet for two-family dwelling.
[3] 
Ten thousand five hundred square feet for three-family dwelling.
[4] 
Twelve thousand square feet for four-family dwelling.
(b) 
Minimum lot width:
[1] 
Single and two-family: 60 feet.
[2] 
Three and four-family: 70 feet.
[3] 
Twin house: 30 feet.
(c) 
Minimum street frontage:
[1] 
Single and two-family: 50 feet.
[2] 
Three and four-family: 50 feet.
[3] 
Twin house: 25 feet.
(d) 
Front or street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setback:
[1] 
Principal structure: eight feet.
[2] 
Total of both sides, lot lines to principal structure: 16 feet.
[3] 
Accessory structure: five feet.
(f) 
Rear lot line setbacks:
[1] 
House/garage: 25 feet.
[2] 
Accessory structure: five feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear, 10 feet from street.
(i) 
Minimum dwelling unit separation: 20 feet or zero along common wall.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet, or greater with a conditional use permit.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): two per dwelling unit.
(l) 
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m) 
Minimum eave width: 18 inches.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): two.
(b) 
Minimum landscape surface ratio (LSR): 25%.
(c) 
Maximum floor area ratio (FAR): 0.275.
(d) 
Minimum lot area (MLA): 14,000 square feet.
(e) 
Maximum building size (MBS): N/A.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 14,000 square feet.
(b) 
Minimum lot width: 100 feet;
(c) 
Minimum street frontage: 50 feet.
(d) 
Front or street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setbacks:
[1] 
Principal structure to residential side lot line: 12 feet.
[2] 
Principal structure to nonresidential side lot line: 12 feet.
[3] 
Accessory structure: five.
(f) 
Rear lot line setbacks:
[1] 
Principal structure to residential rear lot line: 40 feet.
[2] 
Principal structure to nonresidential rear lot line: 40 feet.
[3] 
Rear lot line to accessory structure: five.
(g) 
Required bufferyard. See § 450-76D along zoning district boundary
(h) 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(i) 
Minimum building separation: 20 feet or zero along common wall.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
(6) 
Exterior storage (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-86 Residential District Four (R-4).

A. 
Description and purpose.
(1) 
This district is intended to permit development that has a higher density community character. The land use standards for this district permit single-family detached, twin house/duplex, two flats, townhouses, multiplexes, and apartments permitted by right and related institutional land uses. Density and intensity standards for this district are designed to ensure that the R-4 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 20 dwelling units per gross acre.
(2) 
Rationale. This district is used to provide for the permanent protection of an area for those who want to live in a higher 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 R-4 District designation is retained, regardless of how much development occurs within that area. As such, it is intended to provide the principal location for mixed residential development.
B. 
List of allowable principal land uses.
(1) 
Principal land uses permitted by right:
(a) 
Single-family detached (site-built): 6,000 square feet lot [per § 450-33A(2)(a)].
(b) 
Duplex/twin house: 5,000 square feet per DU [per § 450-33A(1)(b) or (c)].
(c) 
Two flat: 10,000 square feet lot [per § 450-33A(1)(d)].
(d) 
Townhouse (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(e)].
(e) 
Multiplex (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(f)].
(f) 
Apartment (three- to four-unit; 11,000 square feet to 12,000 square feet lot) [per § 450-33A(2)(g)].
(g) 
Manufactured home: 6,000 square feet lot [per § 450-33A(2)(i)].
(h) 
Manufactured dwelling (modular): 6,000 square feet lot [per § 450-33A(2)(j)].
(i) 
Selective cutting [per § 450-33B(2)].
(j) 
Passive outdoor public recreation [per § 450-33C(1)].
(2) 
Principal land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Public services and utilities [per § 450-33C(5)].
(d) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(e) 
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(3) 
Principal land uses permitted as conditional use:
(a) 
Townhouse (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(e)].
(b) 
Multiplex (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(f)].
(c) 
Apartment (five- to 16-unit; 13,000 square feet to 34,000 square feet lot) [per § 450-33A(2)(g)].
(d) 
Institutional residential [per § 450-33C(6)].
(e) 
Clear-cutting [per § 450-33B(3)].
(f) 
Indoor institutional [per § 450-33C(3)].
(g) 
Outdoor institutional [per § 450-33C(4)].
(h) 
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(i) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(j) 
Day-care center (nine or more children) [per § 450-33D(11)].
(k) 
Boardinghouse [per § 450-33D(14)].
(4) 
List of allowable accessory uses:
(a) 
Accessory land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Detached garage, carport or shed [per § 450-33E(4)].
[3] 
Family day care home [per § 450-33E(20)].
[4] 
Power-generated devices incidental to on-site principal use. [per § 450-33E(23)].
(b) 
Accessory land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Private residential recreational facility [per § 450-33E(5)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
(c) 
Accessory land uses permitted as conditional use:
[1] 
Intermediate day care home [per § 450-33E(21)].
(5) 
List of allowable temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
On-site real estate sales office [per § 450-33F(4)].
(d) 
Outdoor assembly [per § 450-33F(7)].
(e) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Minimum zoning district area: 8,000 square feet.
(b) 
Maximum gross density (MGD): 20 DU/acre.
(c) 
Minimum landscape surface ratio (LSR): 50%.
(d) 
Maximum building coverage: 40%.
(e) 
Maximum accessory building coverage: 15%.
[Amended 7-17-2023 by Ord. No. 23-10]
(2) 
Residential bulk requirements:
(a) 
Minimum lot area:
[1] 
Eight thousand square feet for single-family dwellings.
[2] 
Ten thousand square feet for two-family dwellings.
[3] 
Eleven thousand square feet plus 1,000 square feet for each additional unit over three for three- to eight-family dwellings.
[4] 
Eighteen thousand square feet plus 2,000 square feet for each additional unit over nine for nine- to seventeen-family dwellings.
(b) 
Minimum lot width:
[1] 
Single, two-family, and multiple-family: 70 feet.
[2] 
Twin house: 35 feet.
(c) 
Minimum street frontage:
[1] 
Single, two-family, and multiple-family: 50 feet.
[2] 
Twin house: 25 feet.
(d) 
Front or street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: equal or greater than the actual setback of the principal structure
(e) 
Side lot line setbacks:
[1] 
Principal structure: 10 feet.
[2] 
Total of both sides, lot lines to principal structure: 25 feet.
[3] 
Accessory structure: five feet.
(f) 
Rear lot line setbacks:
[1] 
Principal structure: 25 feet.
[2] 
Accessory structure: five feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear, 10 feet from street.
(i) 
Minimum dwelling unit separation: 20 feet or zero along common wall.
(j) 
Maximum building height:
[1] 
Principal structure: 35 feet, or greater with conditional use permit.
[2] 
Accessory structure: 15 feet or up to 20 feet with a conditional use permit.
(k) 
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): two per unit.
(l) 
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m) 
Minimum eave width: 18 inches.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): two.
(b) 
Minimum landscape surface ratio (LSR): 25%.
(c) 
Maximum floor area ratio (FAR): 0.275.
(d) 
Minimum lot area (MLA): 14,000 square feet.
(e) 
Maximum building size (MBS): N/A.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 14,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Front or street side lot line setbacks:
[1] 
Principal structure: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Accessory structure: Equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setbacks:
[1] 
Principal structure to residential side lot line: 12 feet.
[2] 
Principal structure to nonresidential side lot line: 12 feet.
[3] 
Accessory structure: five feet.
(f) 
Rear lot line setbacks:
[1] 
Principal structure to residential rear lot line: 40 feet.
[2] 
Principal structure to nonresidential rear lot line: 40 feet.
[3] 
Accessory structure: five feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(i) 
Minimum building separation: 20 feet or zero along common wall.
(j) 
Maximum building height: 35 feet.
(k) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
(6) 
Exterior storage (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-87 Local Business District (B-1).

A. 
Description and purpose:
(1) 
This district is intended to permit small-scale neighborhood commercial development which is compatible with the desired overall neighborhood community character of the area in general and with adjacent residential development in particular. The desired neighborhood community character of the development is attained through landscape surface area ratio (LSR) requirements, and by restricting the maximum building size (MBS) of all buildings within each instance of this district to 5,000 square feet. 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. If a parcel is zoned B-1 as of the date of adoption of this chapter and the parcel or improvements do not comply with one or more of the Local Business District requirements listed below, the parcel or improvements is not nonconforming. If, however, any changes are made to the property after the adoption of the ordinance, the changes themselves must comply with the district requirements. If the property is redeveloped and the reconstruction or development is equal to or greater than 50% of the value of the equalized value of the property, all of the property improvements must comply with the Local Business District requirements.
(2) 
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. Together, these requirements ensure that the desired character is maintained as long as the B-1 District designation is retained, regardless of how much development occurs within that area.
(3) 
Local business district requirements.
(a) 
Maximum zoning district: two acres of contiguous B-1 properties excluding rights-of-way.
(b) 
Maximum building size: 5,000 square feet. Buildings existing as of the adoption of this chapter which do not comply with this regulation cannot be enlarged to increase the square footage.
(c) 
No new parking in required setbacks for principal buildings.
(d) 
Residential architectural and landscaping requirements include: foundation planting, pitched roof, 25% window covering (see Article VI, Signage Regulations), natural materials (brick, wood, stone).
(e) 
Minimum landscape surface ratio: 25%. Improved parcels existing as of the adoption of this chapter which do not comply with this regulation cannot be changed if the change will further reduce the landscape surface ratio.
(f) 
Operating hours. No earlier than 6:00 a.m. nor later than 11:00 p.m.
(g) 
Shall provide a neighborhood-oriented amenity, per Plan Commission direction (i.e., outdoor neighborhood gathering area, public art, etc.).
B. 
List of allowable land uses:
(1) 
Land uses permitted by right.
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(e) 
Indoor sales or service [per § 450-33D(3)].
(f) 
Indoor maintenance service [per § 450-33D(5)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Artisan studio/production shop [per § 450-33D(20)].
(3) 
Land uses permitted as conditional use:
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Outdoor institutional [per § 450-33C(4)].
(c) 
In-vehicle sales or service [per § 450-33D(6)].
(d) 
Indoor commercial entertainment [per § 450-33D(7)].
(e) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(f) 
Day-care center (nine or more children) [per § 450-33D(11)].
(g) 
Group development [per § 450-33D(17)].
(h) 
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(i) 
Indoor vehicle storage [per § 450-33H(5)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
On-site composting/wood piles [per § 450-33E(15)].
[3] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[4] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
On-site composting/wood piles [per § 450-33E(15)].
[7] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c) 
Land uses permitted as conditional use:
[1] 
Commercial apartment [per § 450-33E(1)].
[2] 
In-vehicle sales and service [per § 450-33E(9)].
[3] 
Light industrial incidental to indoor sales [per § 450-33E(10)].
[4] 
Home occupation [per § 450-33E(14)].
[5] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[6] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
General temporary outdoor sales [per § 450-33F(5)].
(f) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g) 
Outdoor assembly [per § 450-33F(7)].
(h) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses: N/A.
D. 
Regulations applicable to nonresidential uses:
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: two.
(b) 
Minimum landscape surface ratio (LSR): 0.25.
(c) 
Maximum floor area ratio (FAR): 0.25.
(d) 
Maximum building size (MBS): 5,000 square feet.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 6,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
(e) 
Principal and accessory building to nonresidential rear lot line: 12 feet.
(f) 
Principal and accessory building to residential rear lot line: 30 feet.
(g) 
Principal and accessory building to nonresidential side lot line: 10 feet.
(h) 
Principal and accessory building to residential side lot line: 10 feet.
(i) 
Paved surface setback: five feet from side or rear; 10 feet from street.
(j) 
Maximum building height: 35 feet.
(k) 
Maximum accessory building height: 18 feet (up to 20 feet with a conditional use permit to accommodate roof pitches).
(l) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Nonresidential landscaping requirements:
(a) 
Forty landscaping points per 100 linear feet of building foundation.
(b) 
Fifteen landscaping points per 1,000 square feet of gross floor area.
(c) 
Forty landscaping points per 100 linear feet of street frontage.
(d) 
Eighty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-88 Central Business District (B-2).

A. 
Description and purpose:
(1) 
This district is intended to permit both large- and small-scale, pedestrian-oriented downtown commercial development at an intensity which provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. A wide range of office, retail, service, and lodging land uses are permitted within this district. Institutional residential and multifamily residential development is also permitted in this district. In order to ensure a minimum amount of disruption to neighboring 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, except that land uses permitted as conditional uses shall require a parking waiver from the Plan Commission following a request from the applicant. This district is strictly limited to the central City locations. If a parcel is zoned B-2 as of the date of adoption of this chapter and the parcel or improvements do not comply with one or more of the Central Business District requirements listed below, the parcel or improvement is not nonconforming. If however, any changes are made to the property after the adoption of the ordinance, the changes themselves must comply with the district requirements. If the property is redeveloped and the reconstruction or development is equal to or greater than 50% of the value of the equalized value of the property, all of the property improvements must comply with the Central Business District requirements.
(2) 
Rationale. This district is intended to provide an alternative designation (primarily infill development) for commercial activity to the Local Business (B-1), the Large-Scale Commercial (B-3), and Suburban Commercial (B-4) Districts. This district is designed to assist in maintaining the long-term viability of the central City.
(3) 
Central Business District architectural requirements:
(a) 
General. Nonresidential and residential construction, including new structures, building additions, building alterations, and restoration or rehabilitation shall correspond to the downtown design guidelines as determined by the Plan Commission and as evidenced by certain existing structures within the downtown and by the following requirements for building setback; height; building mass; horizontal rhythms (created by the placement and design of facade openings and related elements such as piers, columns); vertical rhythms (created by the placement and design of facade details such as sills, transoms, cornices and sign bands); roof forms; exterior materials; exterior surface features and appurtenances; exterior colors; exterior signage; on-site landscaping; exterior lighting; parking and loading area design; and the use of screening. Existing and new structures with less than a ten-foot front yard setback must have a storefront or office (nonresidential) component on the first floor in the front of the building. All new residential construction on Fulton Street shall be required to have a storefront component. The first floor of all new construction which does not have a storefront shall provide pedestrian amenities such as sitting areas or shall have other features to make the building interesting for pedestrian traffic.
[Amended 2-15-2021 by Ord. No. 21-02]
(b) 
Building setback. Throughout the district, the setback of buildings from street yard and side yard property lines shall be compatible with existing buildings in the immediate area which conform to the general design theme of the downtown.
(c) 
Building height. Throughout the district, the height of buildings shall be compatible with existing buildings in the immediate area which conform to the general design theme of the downtown. In no instance shall buildings be more than one story taller or shorter than the height of a building of similar use on one of the immediately adjoining properties, or on the nearest developed parcel along the same street frontage, whichever applies.
(d) 
Building mass. Throughout the district, the mass of buildings shall be compatible with existing buildings in the immediate area which conform to the general design theme of the downtown. The characteristic proportion (relationship between facade height and width) of the general design theme shall be maintained. Building mass for large structures shall be disguised through the use of facade articulations, or through the use of exterior treatments which give the impression of directly adjoining individual buildings.
(e) 
Horizontal rhythms. Throughout the district, the horizontal pattern of exterior building elements formed by patterns of building openings for windows and doors, and related elements such as piers and columns shall be spaced at regular intervals across all visible facades of the building, and shall be compatible with those of existing buildings in the immediate area which conform to the general design theme of the downtown.
(f) 
Vertical rhythms. Throughout the district, the floor heights on main facades shall appear visually in proportion to those of adjoining buildings. The rhythm of the ground floor shall harmonize with the rhythm of upper floors. The vertical pattern of exterior building elements formed by patterns of building openings for windows and doors, and related elements such as sills, headers, transoms, cornices and sign bands shall be compatible in design and elevation with those of existing buildings in the immediate area which conform to the general design theme of the downtown.
(g) 
Roof forms. Throughout the district, flat or gently sloping roofs which are not visible from the street shall be used. Mansards or other exotic roof shapes not characteristic of the general design theme of the downtown, as determined by the Plan Commission shall not be used. Throughout the district, roof shapes not characteristic of the general design theme of the downtown, shall not be used.
(h) 
Signage. Throughout the district, signage should be designed to be consistent with architectural design, theme, and character of the building to which it is affixed and/or the adjacent buildings within the district. Special consideration should be given to the design of projecting and awning signage. Recommendations for signage should be sought from the Historic Preservation Commission, when available.
B. 
List of allowable land uses:
(1) 
Land uses permitted by right.
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(e) 
Indoor sales or service [per § 450-33D(3)].
(f) 
Indoor maintenance service [per § 450-33D(5)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Off-site parking lot [per § 450-33H(1)].
(f) 
Artisan studio/production shop [per § 450-33D(20)].
(g) 
Indoor commercial entertainment [per § 450-33D(7)].
(3) 
Land uses permitted as conditional use:
(a) 
Institutional residential development [per § 450-33A(1) and C(6)].*
(b) 
Conventional residential development - only uses described in § 450-33A(2)(e), (f) and (g) [per § 450-33A(2)].*
[Amended 7-17-2023 by Ord. No. 23-10]
(c) 
Clear-cutting [per § 450-33B(3)].
(d) 
Outdoor institutional [per § 450-33C(4)].
(e) 
Commercial indoor lodging [per § 450-33D(9)].*
(f) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(g) 
Day-care center (nine or more children) [per § 450-33D(11)].
(h) 
Outdoor commercial entertainment [per § 450-33D(13)].**
(i) 
Boardinghouse [per § 450-33D(14)].
(j) 
Group development [per § 450-33D(17)].
(k) 
Indoor vehicle storage [per § 450-33H(5)].
(l) 
Vehicular repair and maintenance [per § 450-33D(16)].***
*
See § 450-88A above regarding general architectural requirements for residential or lodging uses in the B-2 District.
**
Only outdoor eating areas or beer gardens are allowed as outdoor commercial entertainment uses in the B-2 District.
***
Only auto upholstery and electronic installation are allowed as vehicular repair and maintenance uses in the B-2 District.
(4) 
Land uses permitted as accessory uses.
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Light industrial incidental to indoor sales and service [per § 450-33E(10)](.
[4] 
Drainage structure [per § 450-33E(11)].
[5] 
Filling [per § 450-33E(12)].
[6] 
Exterior communication devices [per § 450-33E(13)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
[8] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c) 
Land uses permitted as conditional use:
[1] 
Commercial apartment [per § 450-33E(1)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Light industrial incidental to indoor sales [per § 450-33E(10)].
[4] 
Home occupation [per § 450-33E(14)].
[5] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[6] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
General temporary outdoor sales [per § 450-33F(5)].
(f) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g) 
Outdoor assembly [per § 450-33F(7)].
(h) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses:
(1) 
Residential density requirements:
(a) 
Conventional residential development: maximum gross density (MGD) up to 20.00 per limits of the conditional use permit.
(b) 
Institutional residential development:
[1] 
Maximum gross density (MGD) up to 40.00 per limits of the conditional use permit.
[2] 
Maximum number of floors: four.
(2) 
Residential bulk requirements [see the nonresidential bulk requirements provided in Subsection D(2) below].
(3) 
Residential landscaping requirements (see nonresidential landscaping requirements).
(4) 
Residential performance standards (see Article V).
(5) 
Residential signage regulations (see Article VI).
D. 
Regulations applicable to nonresidential uses:
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.00.
(c) 
Maximum floor area ratio (FAR): 3.00.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 2,000 square feet.
(b) 
Minimum lot width: 20 feet.
(c) 
Minimum street frontage: 20 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory to front or street side lot line: zero feet.*
[2] 
Principal and accessory to nonresidential rear lot line: 10 feet.
[3] 
Principal and accessory to residential rear lot line: 20 feet.
[4] 
Principal and accessory to nonresidential side lot line: zero feet.*
[5] 
Principal and accessory to residential side lot line: zero feet.*
[6] 
Minimum paved surface setback: zero feet.*
[7] 
Minimum building separation: zero feet.*
[8] 
Maximum building height: 50 feet, minimum building height: 20 feet.
[9] 
Minimum number of off-street parking spaces required on the lot: no parking lot requirements are required in this zoning district, except that land uses permitted as conditional uses and indoor commercial entertainment land uses shall require a parking waiver from the Plan Commission.
*
Maximum permitted setback of zero feet, except where permitted by the Plan Commission, as an essential component of site design to maintain the character of the historic central City.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Zero landscaping points per 100 linear feet of building foundation.
(b) 
Zero landscaping points per 1,000 square feet of gross floor area.
(c) 
Zero landscaping points per 100 linear feet of street frontage.
(d) 
Twenty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-89 Large-Scale Commercial District (B-3).

A. 
Description and purpose:
(1) 
This district is intended to permit both large- and small-scale pedestrian- and auto-oriented commercial development at intensities which provide significant incentives for infill development and the continued economic viability of existing development. To accomplish this effect, minimum required landscape surface ratios (LSRs) are substantially lower than those required in the Suburban Commercial (B-4) District. A wide range of office, retail, and lodging land uses are permitted within this district. These permitted uses include small tenant group developments and in-vehicle sales and service uses. 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.
(2) 
Rationale. The Large-Scale Commercial District is designed to ensure the long-term economic health of strip commercial development areas existing as of the effective date of this chapter and is designed to provide significant incentives for infill development in this area by limiting large-scale regional business uses which can afford the relatively higher development costs and rents associated with development in Suburban Commercial (B-4) District.
B. 
List of allowable land uses:
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(e) 
Indoor sales or service [per § 450-33D(3)].
(f) 
Indoor maintenance service [per § 450-33D(5)].
(g) 
Indoor vehicle storage [per § 450-33H(5)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Off-site parking lot [per § 450-33H(1)].
(f) 
Artisan studio/production shop [per § 450-33D(20)].
(g) 
Indoor commercial entertainment [per § 450-33D(7)].
(3) 
Land uses permitted as conditional use:
(a) 
Institutional residential development [per § 450-33A(1) and C(6)].
(b) 
Clear-cutting [per § 450-33B(3)].
(c) 
Outdoor institutional [per § 450-33C(4)].
(d) 
Outdoor display (per § 450-33D(4)).
(e) 
In-vehicle sales or service [per § 450-33D(6)].
(f) 
Commercial animal boarding (per § 450-33D(8)).
(g) 
Commercial indoor lodging [per § 450-33D(9)].
(h) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(i) 
Day-care center (nine or more children) [per § 450-33D(11)].
(j) 
Outdoor commercial entertainment [per § 450-33D(13)].
(k) 
Boardinghouse [per § 450-33D(14)].
(l) 
Vehicle repair and maintenance [per § 450-33D(16)].
(m) 
Group development [per § 450-33D(17)].
(n) 
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(o) 
Indoor storage or wholesaling [per § 450-33G(1)].
(p) 
Personal storage facility [per § 450-33G(3)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria (per § 450-33E(6).
[3] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[4] 
On-site composting/wood piles [per § 450-33E(15)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)]).
[3] 
Light industrial incidental to indoor sales and service [per § 450-33E(10)].
[4] 
Drainage structure [per § 450-33E(11)].
[5] 
Filling [per § 450-33E(12)].
[6] 
Exterior communication devices [per § 450-33E(13)].
[7] 
On-site composting/wood piles [per § 450-33E(15)]..
[8] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c) 
Land uses permitted as conditional use:
[1] 
Commercial apartment [per § 450-33E(1)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Outdoor display incidental to indoor sales [per § 450-33E(8)].
[4] 
In-vehicle sales and service [per § 450-33E(9)].
[5] 
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
General temporary outdoor sales [per § 450-33F(5)].
(f) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g) 
Outdoor assembly [per § 450-33F(7)].
(h) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses:
(1) 
Institutional residential density requirements:
(a) 
Maximum gross density (MGD): up to 40.00 per limits of the conditional use permit.
(b) 
Minimum landscape surface ratio (LSR): 0.40.
(c) 
Maximum number of floors: four.
(2) 
Residential bulk requirements:
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot width: 70 feet.
(c) 
Minimum setbacks:
(d) 
Principal building to front or street side lot line: 25 feet, add 10 more feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
(e) 
Principal building to rear lot line: 25 feet.
(f) 
Principal building to side lot line: 10 feet.
(g) 
Accessory building to rear lot line: five feet.
(h) 
Accessory building to side lot line: three feet.
(i) 
Minimum dwelling unit separation: 20 feet or zero feet on zero lot line side.
(j) 
Maximum height of building: 35 feet (up to 50 feet with a conditional use permit).
(k) 
Maximum height of accessory building: 18 feet (up to 20 feet with a conditional use permit to accommodate roof pitches).
(l) 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(m) 
Minimum number of off-street parking spaces required on the lot: see § 450-37 for detailed parking requirements.
(3) 
Residential landscaping requirements (see nonresidential landscaping requirements).
D. 
Regulations applicable to nonresidential uses:
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.10.
(c) 
Maximum floor area ratio (FAR): 0.40.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot width: 70 feet.
(c) 
Minimum street frontage: 70 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 35 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 30 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 20 feet or zero feet on zero lot line side.
[5] 
Principal and accessory building to residential side lot line: 50 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum principal and accessory building height: 40 feet.
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Twenty landscaping points per 100 linear feet of building foundation.
(b) 
Five landscaping points per 1,000 square feet of gross floor area.
(c) 
Twenty landscaping points per 100 linear feet of street frontage.
(d) 
Forty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-90 Suburban Commercial District (B-4).

A. 
Description and purpose.
(1) 
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.
(2) 
Rationale. This district is intended to provide the principal zoning district for commercial development which occurs after the adoption of this chapter. The standards of this district are designed to provide a clear distinction from the Large-Scale Commercial (B-3) and Central Business (B-2) 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 Suburban Commercial (B-4) District designation is retained, regardless of how much development occurs within that area.
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(e) 
Indoor sales or service [per § 450-33D(3)].
(f) 
Indoor maintenance service [per § 450-33D(5)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Artisan studio/production shop [per § 450-33D(20)].
(3) 
Land uses permitted as conditional use:
(a) 
Institutional residential [per § 450-33A(1) and C(6)].
(b) 
Clear-cutting [per § 450-33B(3)].
(c) 
Outdoor institutional [per § 450-33C(4)].
(d) 
Outdoor display [per § 450-33D(4)].
(e) 
In-vehicle sales or service [per § 450-33D(6)].
(f) 
Indoor commercial entertainment [per § 450-33D(7)].
(g) 
Commercial animal boarding [per § 450-33D(8)].
(h) 
Commercial indoor lodging [per § 450-33D(9)].
(i) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(j) 
Group day-care center (4+ children) [per § 450-33D(11)].
(k) 
Group development [per § 450-33D(17)].
(l) 
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(m) 
Company-provided on-site recreation [per § 450-33E(7)].
(n) 
Indoor vehicle storage [per § 450-33H(5)].
(4) 
Land uses permitted as accessory uses (per § 450-33E).
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Private garage or shed [per § 450-33E(4)].
[3] 
Private residential recreational facility [per § 450-33E(5)].
[4] 
On-site composting/wood piles [per § 450-33E(15)].
[5] 
Company cafeteria [per § 450-33E(6)].
[6] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
Home occupation for single-family residences [per § 450-33E(14)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
[8] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c) 
Land uses permitted as conditional use:
[1] 
Commercial apartment [per § 450-33E(1)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Outdoor display incidental [per § 450-33E(8)].
[4] 
In-vehicle sales and service [per § 450-33E(9)].
[5] 
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6] 
Home occupation for two-family and multifamily residences [per § 450-33E(14)].
[7] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses (per § 450-33F).
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
General temporary outdoor sales [per § 450-33F(5)].
(f) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g) 
Outdoor assembly [per § 450-33F(7)].
(h) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Institutional:
[1] 
Maximum gross density (MGD): up to 40.00.
[2] 
Minimum lot area (MLA): one acre.
[3] 
Minimum site area (MSA): one acre.
(2) 
Residential bulk requirements:
(a) 
Minimum lot area: one acre.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum setbacks:
[1] 
Front or street side lot line to residence 30 feet, add 10 more feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Front or street side lot line to attached garage: 30 feet, add 10 more feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[3] 
Side lot line to house or attached garage: 12 feet.
[4] 
Total of both sides, lot lines to house/attached garage: 24 feet.
[5] 
Rear lot line to house or attached garage: 25 feet.
[6] 
Side lot line to accessory building: five feet.
[7] 
Rear lot line to accessory building: five feet.
[8] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street (except access drives).
[9] 
Minimum dwelling unit separation: 24 feet.
[10] 
Maximum height of dwelling unit: 35 feet (can exceed 35 feet with conditional use).
[11] 
Maximum height of accessory building: 15 feet (can exceed 15 feet, up to 20 feet with a conditional use permit to accommodate roof pitches).
[12] 
Minimum number of off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): varies, see § 450-37 for detailed parking requirements.
[13] 
Minimum dwelling core dimensions of principal structure: 24 feet by 40 feet.
[14] 
Minimum roof pitch of principal structure: 3:12.
[15] 
Minimum eave width of principal structure: 18 inches.
(3) 
Residential landscaping requirements (see nonresidential landscaping requirements for Institutional Residential).
(4) 
Residential performance standards (see Article V).
(5) 
Residential signage regulations (see Article VI).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): four.
(b) 
Minimum landscape surface ratio (LSR): 0.25.
(c) 
Maximum floor area ratio (FAR): 0.30.
(d) 
Minimum lot area (MLA): one acre.*
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: one acre.*
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum setbacks:
[1] 
Building to front or street side lot line: 30 feet.
[2] 
Building to residential side lot line: 30 feet.
[3] 
Building to residential rear lot line: 30 feet.
[4] 
Building to nonresidential side lot line: 10 feet or zero feet on zero lot line side.
[5] 
Building to nonresidential rear lot line: 25 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum building height: 50 feet (can exceed 50 feet with conditional use permit).
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-32.
*
20,000 square feet permitted with a conditional use permit and site plan for end use of property demonstrating full compliance with this chapter.
(3) 
Nonresidential landscaping requirements (nonresidential and multifamily):
(a) 
Forty landscaping points per 100 linear feet of building foundation.
(b) 
Ten landscaping points per 1,000 square feet of gross floor area.
(c) 
Forty landscaping points per 100 linear feet of street frontage.
(d) 
Eighty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).

§ 450-91 Light Industrial District (M-1).

A. 
Description and purpose.
(1) 
This district is intended to permit both large- and small-scale industrial, office, and service development at an intensity that is consistent with the overall desired character of the community. Personal and professional service uses in this district should not be pedestrian-oriented, but rather, should be associated with the office and industrial development in the district. Beyond a relatively high minimum landscape surface ratio (LSR), 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 development within this district shall take direct access to a local residential street or a residential collector street.
(2) 
Rationale. This district is intended to provide a location for light industrial land uses such as assembly operations, storage and warehousing facilities, offices, research and development facilities, and light manufacturing which are protected from potential nuisances associated with certain development permitted within the General or Heavy Industrial Districts. In addition, land uses shall comply with the minimum performance standards, and the parking and loading requirements presented in this chapter.
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Indoor maintenance service [per § 450-33D(5)].
(e) 
Indoor storage or wholesaling [per § 450-33G(1)] .
(f) 
Light industrial [per § 450-33J(1)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Artisan studio/production shop [per § 450-33D(20)].
(3) 
Land uses permitted as conditional use:
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Outdoor institutional [per § 450-33C(4)].
(c) 
Personal or professional service [per § 450-33D(2)].
(d) 
Indoor sales or service [per § 450-33D(3)].
(e) 
Day-care center (nine or more children) [per § 450-33D(11)].
(f) 
Group development [per § 450-33D(17)].
(g) 
Airport/heliport [per § 450-33H(2)].
(h) 
Distribution center [per § 450-33H(4)].
(i) 
Noncombustion power-generating facility [per § 450-33I(7)].
(j) 
Indoor vehicle storage [per § 450-33H(5)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
On-site composting/wood piles [per § 450-33E(15)].
[7] 
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c) 
Land uses permitted as conditional use:
[1] 
Company provided on-site recreation [per § 450-33E(7)].
[2] 
Outdoor storage incidental to light industrial [per § 450-33E(30)].
[Added 1-20-2023 by Ord. No. 23-23]
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(f) 
Outdoor assembly [per § 450-33F(7)].
(g) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses: N/A.
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.20.
(c) 
Maximum floor area ratio (FAR): 0.75.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: one acre (20,000 square feet permitted as a conditional use).
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 100 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory building to front or street side lot line: 40 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 30 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 25 feet.
[5] 
Principal and accessory building to residential side lot line: 30 feet.
[6] 
Minimum paved surface setback: 15 feet from side or rear; 20 feet from street.
[7] 
Maximum building height: 50 feet.
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33B.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Forty landscaping points per 100 linear feet of building foundation.
(b) 
Ten landscaping points per 1,000 square feet of gross floor area.
(c) 
Forty landscaping points per 100 linear feet of street frontage.
(d) 
Eighty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-92 General Industrial District (M-2).

A. 
Description and purpose.
(1) 
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 chapter. This district is designed to permit a very wide variety of industrial uses that may occur both indoors and outdoors. 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.
(2) 
Rationale. This district is intended to provide a location for urban intensity heavy industrial land uses which may include outdoor storage and display uses. In addition, uses shall comply with the minimum performance standards presented in this chapter.
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Indoor maintenance service [per § 450-33D(5)].
(e) 
Vehicle repair and maintenance [per § 450-33D(16)].
(f) 
Indoor storage or wholesaling [per § 450-33G(1)] .
(g) 
Indoor vehicle storage [per § 450-33H(5)]
(h) 
Light industrial [per § 450-33J(1)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Public services and utilities [per § 450-33C(5)].
(c) 
Off-site parking lot [per § 450-33H(1)].
(d) 
Artisan studio/production shop [per § 450-33D(20)].
(e) 
Outdoor storage or wholesaling [per § 450-33G(2)].
(3) 
Land uses permitted as conditional use:
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Outdoor display [per § 450-33D(4)].
(c) 
Day-care center (nine or more children) [per § 450-33D(11)].
(d) 
Outdoor maintenance service [per § 450-33D(12)].
(e) 
Outdoor commercial entertainment [per § 450-33D(13)].
(f) 
Group development [per § 450-33D(17)].
(g) 
Personal storage facility [per § 450-33G(3)].
(h) 
Airport/heliport [per § 450-33H(2)].
(i) 
Distribution center [per § 450-33H(4)].
(j) 
Communication tower [per § 450-33I(3)].
(k) 
Heavy industrial [per § 450-33I(2)].
(l) 
Noncombustion power-generating facility [per § 450-33I(7)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
On-site composting/wood piles [per § 450-33E(15)].
[7] 
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c) 
Land uses permitted as conditional use:
[1] 
Company provided on-site recreation [per § 450-33E(7)]
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(f) 
Outdoor assembly [per § 450-33F(7)].
(g) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses: N/A.
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.10.
(c) 
Maximum floor area ratio (FAR): 1.00.
(2) 
Nonresidential bulk requirements.
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width: 75 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 25 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 20 feet.
[5] 
Principal and accessory building to residential side lot line: 25 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum building height: 50 feet.
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Twenty landscaping points per 100 linear feet of building foundation.
(b) 
Five landscaping points per 1,000 square feet of gross floor area.
(c) 
Twenty landscaping points per 100 linear feet of street frontage.
(d) 
Forty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-93 Heavy Industrial District (M-3).

A. 
Description and purpose.
(1) 
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.
(2) 
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 V. 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.
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Indoor maintenance service [per § 450-33D(5)].
(e) 
Vehicle repair and maintenance [per § 450-33D(16)].
(f) 
Indoor storage or wholesaling [per § 450-33G(1)] .
(g) 
Indoor vehicle storage [per § 450-33H(5)].
(h) 
Light industrial [per § 450-33J(1)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Public services and utilities [per § 450-33C(5)].
(c) 
Outdoor storage or wholesaling [per § 450-33G(1)] .
(d) 
Off-site parking lot [per § 450-33H(1)].
(e) 
Heavy industrial [per § 450-33I(2)].
(3) 
Land uses permitted as conditional use:
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Agricultural services [per § 450-33B(4)].
(c) 
Outdoor maintenance service [per § 450-33D(12)].
(d) 
Sexually oriented land use [per 450-33D(15)].
(e) 
Group development [per § 450-33D(17)].
(f) 
Junkyard or salvage yard [per § 450-33G(4)].
(g) 
Waste disposal facility [per § 450-33G(5)].
(h) 
Composting operation [per § 450-33G(6)].
(i) 
Airport/heliport [per § 450-33H(2)]).
(j) 
Freight terminal [per § 450-33H(3)].
(k) 
Distribution center [per § 450-33H(4)].
(l) 
Communication tower [per § 450-33I(3)].
(m) 
Extraction use [per § 450-33I(4)].
(n) 
Noncombustion power-generating facility [per § 450-33I(7)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
On-site composting/wood piles [per § 450-33E(15)].
[7] 
Indoor sales incidental to light industrial use [per § 450-33E(16)].
(c) 
Land uses permitted as conditional use:
[1] 
Company provided on-site recreation [per § 450-33E(7)].
[2] 
Migrant labor camp [per § 450-33E(17)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
Outdoor assembly [per § 450-33F(7)].
(f) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses: N/A.
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.00.
(c) 
Maximum floor area ratio (FAR): 1.00.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: N/A.
(b) 
Minimum lot width: 50 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Minimum setbacks:
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 50 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 10 feet.
[5] 
Principal and accessory building to residential side lot line: 50 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum building height: 45 feet.
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Twenty landscaping points per 100 linear feet of building foundation.
(b) 
Five landscaping points per 1,000 square feet of gross floor area.
(c) 
Twenty landscaping points per 100 linear feet of street frontage.
(d) 
Forty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-94 Historic Mixed-Use District (HMU).

A. 
Description and purpose.
(1) 
This district is intended to permit both large- and small-scale commercial development at an intensity that provides significant incentives for infill development, redevelopment, and the continued economic viability of existing development. It is the intent of this district to permit a broad mix of land uses to encourage this infill development. Therefore, office and retail land uses are permitted by right in this district. In addition, a range of storage, wholesaling, and light industrial land uses, which occur both indoors and outdoors, are permitted as conditional uses in this zoning district. Further, residential land uses are permitted as conditional uses to allow for high density apartment uses and institutional uses. However, in order to ensure a minimum of disruption to neighboring residential development, no development within this district shall take direct access to a local residential street or a residential collector street. In order to accommodate existing and future uses, minimal requirements for on site landscaping and parking are required in this district, and where appropriate a parking waiver from the Plan Commission may be granted for nonresidential land uses following the issuance of a conditional use. The boundary of this district is strictly limited to the existing historic central City tobacco warehouse/rail corridor location.
(2) 
Rationale. This district is intended to provide an alternative, primarily infill development, designation for commercial activity to the Local Business (B-1), Central Business (B-2), Community Business (B-3), and Regional Business (B-4) Districts and is designed to assist in maintaining the long-term viability of the historic central City.
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(e) 
Indoor sales or service [per § 450-33D(3)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Off-site parking lot [per § 450-33H(1)].
(f) 
Indoor storage or wholesaling [per § 450-33G(1)] .
(g) 
Outdoor storage or wholesaling [per § 450-33G(2)].
(h) 
Artisan studio/production shop [per § 450-33D(20)].
(i) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3) 
Land uses permitted as conditional use:
(a) 
Institutional residential development [per § 450-33A(1) and C(6)].
(b) 
Conventional residential development [per § 450-33A(2)].
(c) 
Clear-cutting [per § 450-33B(3)].
(d) 
Outdoor institutional [per § 450-33C(4)].
(e) 
Outdoor display [per § 450-33D(4)].
(f) 
Indoor maintenance service [per § 450-33D(5)].
(g) 
In-vehicle sales or service [per § 450-33D(6)].
(h) 
Indoor commercial entertainment [per § 450-33D(7)].
(i) 
Commercial animal boarding [per § 450-33D(8)].
(j) 
Commercial indoor lodging [per § 450-33D(9)].
(k) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(l) 
Day-care center (nine or more children) [per § 450-33D(11)].
(m) 
Outdoor maintenance service [per § 450-33D(12)].
(n) 
Outdoor commercial entertainment [per § 450-33D(13)].
(o) 
Boardinghouse [per § 450-33D(14)].
(p) 
Vehicle repair and maintenance [per § 450-33D(16)].
(q) 
Group development [per § 450-33D(17)].
(r) 
Drive-in, drive-up, drive-through land use [per § 450-33D(18)].
(s) 
Personal storage facility [per § 450-33G(3)].
(t) 
Indoor vehicle storage [per § 450-33H(5)].
(u) 
Light industrial [per § 450-33J(1)].
(v) 
Community living arrangements (nine to 15 residents) [per § 450-33C(8)].
(w) 
Community living arrangements (16 or more residents) [per § 450-33C(9)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use.
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Light industrial incidental to indoor sales or service [per § 450-33E(10)].
[4] 
Drainage structure [per § 450-33E(11)].
[5] 
Filling [per § 450-33E(12)].
[6] 
Exterior communication devices [per § 450-33E(13)].
[7] 
On-site composting/wood piles [per § 450-33E(15)].
[8] 
Indoor sales incidental to light industrial use [per § 450-33E(16)].
[9] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
(c) 
Land uses permitted as conditional use:
[1] 
Commercial apartment [per § 450-33E(1)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Outdoor display incidental to indoor sales [per § 450-33E(8)].
[4] 
In-vehicle sales and service [per § 450-33E(9)].
[5] 
Light industrial incidental to indoor sales [per § 450-33E(10)].
[6] 
Home occupation [per § 450-33E(14)].
[7] 
Light industrial incidental to personal or professional services [per § 450-33E(19)].
[8] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
General temporary outdoor sales [per § 450-33F(5)].
(f) 
Seasonal outdoor sales of farm products [per § 450-33F(6)].
(g) 
Outdoor assembly [per § 450-33F(7)].
(h) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Conventional residential development: maximum gross density (MGD) up to 20.00 per limits of the conditional use permit.
(b) 
Institutional residential development: maximum gross density (MGD) up to 40.00 per limits of the conditional use permit.
(c) 
Maximum number of floors: four.
(2) 
Residential bulk requirements.*
(a) 
Minimum lot area: 6,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum setbacks.
[1] 
Principal building to front or street side lot line: 25 feet, add 10 more feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal building to rear lot line: 25 feet.
[3] 
Principal building to side lot line: 10 feet.
[4] 
Accessory building to rear lot line: five feet.
[5] 
Accessory building to side lot line: three feet.
[6] 
Minimum dwelling unit separation: 20 feet or zero feet on zero lot line side.
[7] 
Maximum height of building: 35 feet (up to 50 feet with a conditional use permit).
[8] 
Maximum height of accessory building: 18 feet (up to 20 feet with a conditional use permit to accommodate roof pitches).
[9] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[10] 
Minimum number of off-street parking spaces required on the lot: see § 450-37 for detailed parking requirements.
*
The bulk requirements for residential development within the Historic Mixed-Use District may be waived by the issuance of a planned unit development by the Plan Commission.
(3) 
Residential landscaping requirements (see nonresidential landscaping requirements).
(4) 
Residential performance standards (see Article V).
(5) 
Residential signage regulations (see Article VI).
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.10.
(c) 
Maximum floor area ratio (FAR): 0.40.
(2) 
Nonresidential bulk requirements.*
(a) 
Minimum lot area: 6,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum setbacks.
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 30 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 20 feet or zero feet on zero lot line side.
[5] 
Principal and accessory building to residential side lot line: 50 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum building height: 40 feet.
[8] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
*
The bulk requirements for nonresidential development within the Historic Mixed-Use District may be waived by the issuance of a planned unit development by the Plan Commission.
(3) 
Nonresidential landscaping requirements (nonresidential, two-family and multifamily):
(a) 
Forty landscaping points per 100 linear feet of building foundation.
(b) 
Ten landscaping points per 1,000 square feet of gross floor area.
(c) 
Forty landscaping points per 100 linear feet of street frontage.
(d) 
Eighty landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-95 Office District (O-1).

A. 
Description and purpose.
(1) 
This district is intended to permit high quality office and institutional land uses at an intensity compatible with the character of older portions of the City predominantly 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 land uses. Significant areas of landscaping are required in this district to ensure that this effect is achieved. In certain instances multifamily housing uses may be allowed. In order to ensure a minimum of disruption to adjacent residential development, no nonresidential development within this district shall take direct access to a local residential street or a residential collector street.
(2) 
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 character is maintained as long as the Office District (O-1) designation is retained regardless of how much development occurs within that area..
B. 
List of allowable land uses.
(1) 
Land uses permitted by right:
(a) 
Selective cutting [per § 450-33B(2)].
(b) 
Passive outdoor public recreation [per § 450-33C(1)].
(c) 
Office [per § 450-33D(1)].
(d) 
Personal or professional services [per § 450-33D(2)].
(2) 
Land uses permitted by right with additional special requirements:
(a) 
Cultivation [per § 450-33B(1)].
(b) 
Active outdoor public recreation [per § 450-33C(2)].
(c) 
Indoor institutional [per § 450-33C(3)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].
(3) 
Land uses permitted as conditional use:
(a) 
Institutional residential development [per § 450-33A(1) and C(6)].
(b) 
Conventional residential development [per § 450-33A(2)].
(c) 
Clear-cutting [per § 450-33B(3)].
(d) 
Outdoor institutional [per § 450-33C(4)].
(e) 
Indoor commercial entertainment [per § 450-33D(7)].
(f) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(g) 
Day-care center (nine or more children) [per § 450-33D(11)].
(h) 
Group development [per § 450-33D(17)].
(i) 
Community living arrangement (nine to 15 residents) [per § 450-33C(8)].
(j) 
Community living arrangement (16 or more residents) [per § 450-33C(9)].
(4) 
Land uses permitted as accessory uses:
(a) 
Land uses permitted by right:
[1] 
Farm residence [per § 450-33E(3)].
[2] 
Company cafeteria [per § 450-33E(6)].
[3] 
On-site composting/wood piles [per § 450-33E(15)].
[4] 
Power-generating device incidental to on-site principal land use [per § 450-33E(23)].
[5] 
Private garage or shed [per § 450-33E(4)].
(b) 
Land uses permitted by right with additional special requirements:
[1] 
On-site parking lot [per § 450-33E(2)].
[2] 
Company provided on-site recreation [per § 450-33E(7)].
[3] 
Drainage structure [per § 450-33E(11)].
[4] 
Filling [per § 450-33E(12)].
[5] 
Exterior communication devices [per § 450-33E(13)].
[6] 
On-site composting/wood piles [per § 450-33E(15)].
(c) 
Land uses permitted as conditional use:
[1] 
Company provided on-site recreation [per § 450-33E(7)].
[2] 
In-vehicle sales and service [per § 450-33E(9)].
[3] 
Home occupation [per § 450-33E(14)].
[4] 
Light industrial incidental to office [per § 450-33E(19)].
[5] 
Drive-in, drive-up, drive-through land use incidental to on-site principal land use [per § 450-33E(24)].
(5) 
Land uses permitted as temporary uses:
(a) 
Contractor's project office [per § 450-33F(1)].
(b) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(c) 
Relocatable building [per § 450-33F(3)].
(d) 
On-site real estate sales office [per § 450-33F(4)].
(e) 
Outdoor assembly [per § 450-33F(7)].
(f) 
Polystructure [per § 450-33G(7)].
C. 
Regulations applicable to residential uses.
(1) 
Residential density requirements:
(a) 
Conventional residential development: maximum gross density (MGD) up to 20.00 per limits of the conditional use permit.
(b) 
Institutional residential development: maximum gross density (MGD) up to 40.00 per limits of the conditional use permit.
(c) 
Maximum number of floors: four.
(2) 
Residential bulk requirements.
(a) 
Minimum lot area: 8,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum setbacks.
[1] 
Principal building to front or street side lot line: 25 feet, add 10 more feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal building to rear lot line: 25 feet.
[3] 
Principal building to side lot line: 10 feet.
[4] 
Accessory building to rear lot line: five feet.
[5] 
Accessory building to side lot line: three feet.
[6] 
Minimum dwelling unit separation: 20 feet or zero feet on zero lot line side.
[7] 
Maximum height of building: 35 feet (up to 50 feet with a conditional use permit).
[8] 
Maximum height of accessory building: 18 feet (up to 20 feet with a conditional use permit to accommodate roof pitches).
[9] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[10] 
Minimum number of off-street parking spaces required on the lot: See § 450-37 for detailed parking requirements.
D. 
Regulations applicable to nonresidential uses.
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors: four.
(b) 
Minimum landscape surface ratio (LSR): 0.50.
(c) 
Maximum floor area ratio (FAR): 0.25.
(2) 
Nonresidential bulk requirements.*
(a) 
Minimum lot area: 8,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Minimum setbacks.
[1] 
Principal and accessory building to front or street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.
[2] 
Principal and accessory building to nonresidential rear lot line: 25 feet.
[3] 
Principal and accessory building to residential rear lot line: 25 feet.
[4] 
Principal and accessory building to nonresidential side lot line: 10 feet.
[5] 
Principal and accessory building to residential side lot line: 10 feet.
[6] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
[7] 
Maximum building height: 35 feet.
[8] 
Maximum height of accessory building: 18 feet (up to 20 feet with a conditional use permit to accommodate roof pitches).
[9] 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(3) 
Nonresidential landscaping requirements:
(a) 
Forty five landscaping points per 100 linear feet of building foundation.
(b) 
Twenty landscaping points per 1,000 square feet of gross floor area.
(c) 
Forty five landscaping points per 100 linear feet of street frontage.
(d) 
Ninety five landscaping points per 10,000 square feet paved area/20 stalls.
(4) 
Nonresidential performance standards (see Article V).
(5) 
Nonresidential signage regulations (see Article VI).
(6) 
Exterior storage standards (see § 450-39).
(7) 
Loading requirements (see § 450-38).

§ 450-96 Rural Holding District (A-1).

A. 
Description and purpose:
(1) 
This district is intended to permit development that 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 that requires even a minimum of urban services does not occur until such services are available. As such, the Rural Holding (A-1) 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.
(2) 
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 (A-1) District designation is retained. In this manner, even if all property were developed in a given area with the Rural Holding (A-1) District designation, the rural community character of that area would still be maintained.
B. 
List of allowable principal land uses.
(1) 
Principal land uses permitted by right:
(a) 
Single-family: 35 acre lot [per § 450-33A(2)(a)].
(b) 
Cultivation [per § 450-33B(1)].
(c) 
Selective cutting [per § 450-33B(2)].
(d) 
Passive outdoor public recreation [per § 450-33C(1)].
(2) 
Principal land uses permitted by right with additional special requirements:
(a) 
Single-family: for lots smaller than 35 acres, up to five acres can be used for single-family residential purposes and remaining land must be deed restricted with a conservation easement prohibiting subsequent development of additional principal structures unless rezoned for higher density development).
(b) 
On-site agricultural retail [per § 450-33B(7)].
(c) 
Active outdoor public recreation [per § 450-33C(2)].
(d) 
Public services and utilities [per § 450-33C(5)].
(e) 
Community living arrangement (one to eight residents) [per § 450-33C(7)].[1]
[1]
Editor's Note: Former Subsection B(2)(f), Cultivation, which immediately followed this subsection, was repealed 7-17-2023 by Ord. No. 23-10.
(3) 
Principal land uses permitted as conditional use:
(a) 
Clear-cutting [per § 450-33B(3)].
(b) 
Agricultural services [per § 450-33B(4)].
(c) 
Husbandry [per § 450-33B(5)].
(d) 
Intensive agriculture [per § 450-33B(6)].
(e) 
Indoor institutional [per § 450-33C(3)].
(f) 
Outdoor institutional [per § 450-33C(4)].
(g) 
Outdoor commercial entertainment [per § 450-33D(7)].[2]
[2]
Editor's Note: Former Subsection B(3)(h), Cultivation, which immediately followed this subsection, was repealed 7-17-2023 by Ord. No. 23-10.
(h) 
Indoor vehicular storage [per § 450-33H(5)].
(i) 
Commercial animal boarding [per § 450-33D(8)].
(j) 
Bed-and-breakfast establishments [per § 450-33D(10)].
(k) 
Campground [per § 450-33D(19)].
(l) 
Composting operation [per § 450-33G(6)].
(m) 
Airport/heliport [per § 450-33H(2)].
(n) 
Communication tower [per § 450-33I(3)].
C. 
List of allowable accessory uses:
(1) 
Accessory land uses permitted by right:
(a) 
Farm residence [per § 450-33E(3)].
(b) 
Detached garage, carport or shed [per § 450-33E(4)].
(c) 
Family day care home [per § 450-33E(20)].
(d) 
Power-generated device incidental to on-site principal use [per § 450-33E(23)].
(2) 
Accessory land uses permitted by right with additional special requirements:
(a) 
On-site parking lot [per § 450-33E(2)].
(b) 
Private residential recreational facility [per § 450-33E(5)].
(c) 
Drainage structure [per § 450-33E(11)].
(d) 
Filling [per § 450-33E(12)].
(e) 
Exterior communication devices [per § 450-33E(13)].
(f) 
Home occupation [per § 450-33E(14)].
(g) 
On-site composting/wood piles [per § 450-33E(15)].
(h) 
Private residential stable [per § 450-33E(22)].
(3) 
Accessory land uses permitted as conditional use:
(a) 
Migrant labor camp [per § 450-33E(17)].
(b) 
Intermediate day care home [per § 450-33E(21)].
D. 
List of allowable temporary uses:
(1) 
Contractor's project office [per § 450-33F(1)].
(2) 
Contractor's on-site equipment storage [per § 450-33F(2)].
(3) 
On-site real estate sales office [per § 450-33F(4)].
(4) 
Outdoor sales of farm products [per § 450-33F(6)].
(5) 
Outdoor assembly [per § 450-33F(7)]..
(6) 
Polystructure [per § 450-33G(7)].
E. 
Regulations applicable to residential uses.
(1) 
Residential density and intensity requirements:
(a) 
Minimum zoning district area: 35 acres.
(b) 
Maximum gross density (MGD): 0.03 DU/acre.
(c) 
Minimum landscape surface ratio (LSR): 90%.
(d) 
Maximum building coverage: 5%.
(e) 
Maximum accessory building coverage: 10%.
(2) 
Residential bulk requirements.
(a) 
Minimum lot area: 35 acres.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 100 feet.
(d) 
Front or street side lot line setbacks.
[1] 
Principal structure: 50 feet.
[2] 
Accessory structure: Equal or greater than the actual setback of the principal structure.
(e) 
Side lot line setbacks:
[1] 
Principal structure: 70 feet.
[2] 
Total of both sides, lot lines to principal structure: 140 feet.
[3] 
Agriculture accessory structure: 100 feet.
[4] 
Nonagricultural accessory structure: 25 feet.
(f) 
Rear lot line setbacks:
[1] 
Principal structure: 50 feet.
[2] 
Accessory structure: 100 feet.
[3] 
Nonagricultural accessory structure: 25 feet.
(g) 
Required bufferyard: see § 450-76D along zoning district boundary.
(h) 
Minimum paved surface setback: five feet from side or rear, 10 feet from street.
(i) 
Minimum dwelling unit separation: 100 feet.
(j) 
Maximum building height:
[1] 
Dwelling unit: 35 feet.
[2] 
Nonagricultural accessory structure: 15 feet or 20 feet with a conditional use permit.
[3] 
Accessory structure used exclusively for agricultural purposes: 50 feet.
(k) 
Minimum number of off-street parking spaces required on the lot (Includes garage, drives, and all designated parking surfaces): four spaces if located on street with standard pavement width; eight spaces if located on street with reduced pavement width.
(l) 
Minimum dwelling core dimensions: 24 feet by 40 feet.
(m) 
Minimum dwelling unit eave width: 18 inches.
(3) 
Landscaping regulations (see Article VII of this chapter).
(4) 
Performance standards (see Article V of this chapter).
(5) 
Signage regulations (see Article VI of this chapter).
F. 
Regulations applicable to nonresidential uses:
(1) 
Nonresidential intensity requirements:
(a) 
Maximum number of floors (F): two.
(b) 
Minimum landscape surface ratio (LSR): 90%.
(c) 
Maximum floor area ratio (FAR): 0.10.
(d) 
Minimum lot area (MLA): 40,000 square feet.
(e) 
Maximum building size (MBS): N/A.
(2) 
Nonresidential bulk requirements:
(a) 
Minimum lot area: 40,000 square feet, 20,000 square feet with a conditional use permit.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum street frontage: 50 feet.
(d) 
Minimum setbacks:
[1] 
Principal structure to front or street side lot line: 50 feet.
[2] 
Principal structure to residential side lot line: 70 feet.
[3] 
Principal structure to residential rear lot line: 50 feet.
[4] 
Principal structure to nonresidential side lot line: 70 feet.
[5] 
Principal structure to nonresidential rear lot line: 50 feet.
[6] 
Front or street lot line to accessory structure: equal or greater than the actual setback of the principal structure.
[7] 
Side lot line to accessory structure: 100 feet.
[8] 
Rear lot line to accessory structure: 50 feet.
[9] 
Required bufferyard: see § 450-76D along zoning district boundary.
[10] 
Minimum paved surface setback: five feet from side or rear; 10 feet from street.
(e) 
Maximum building height: 35 feet.
(f) 
Minimum number of off-street parking spaces required on the lot: see parking lot requirements per specific land use in § 450-33.
(g) 
Landscaping regulations (see Article VII of this chapter).
(3) 
Performance standards (see Article V of this chapter).
(4) 
Signage regulations (See Article VI of this chapter).
(5) 
Exterior storage (see § 450-39).
(6) 
Loading requirements (see § 450-38).

§ 450-97 Natural resource protection regulations.

A. 
Description and purpose.
(1) 
The purpose of this section is to set forth the requirements for the mandatory protection of natural resources and permanently protected green space areas within the jurisdiction of this chapter (see § 450-5). The provisions of this article interact closely with the provisions of §§ 450-23, 450-29, 450-98. 450-99, 450-100 and 450-101. In part, the provisions of this article are designed to ensure the implementation of the City of Edgerton Comprehensive Master Plan and State of Wisconsin Statutes §§ 62.231 and 87.30.
(2) 
These sections contain the standards that govern the protection, disturbance, and mitigation of disruption of all natural resource and other permanently protected green space areas. The provisions of these sections are intended to supplement those of the City of Edgerton, Rock County, Dane County, the State of Wisconsin, and the Federal Government of the United States that pertain to natural resource protection. Prior to using the provisions of this article to determine the permitted disruption of such areas, the requirements provided below should be reviewed. These sections recognize the important and diverse benefits that natural resource features provide in terms of protecting the health, safety, and general welfare of the community. Each of the following sections is oriented to each natural resource type, and is designed to include the following information:
(a) 
A definition of the natural resource.
(b) 
The specific purposes of the protective regulations governing each natural resource type.
(c) 
The required method of identifying and determining the boundaries of the natural resource area.
(d) 
Mandatory protection requirement.

§ 450-98 Floodplain and Wetland Overlay Zoning Districts (C-1).

See Chapter 405, Floodplain Regulation, and Chapter 435, Shoreland-Wetland Zoning.

§ 450-99 Woodland Overlay Zoning District (C-3).

A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
WOODLANDS
Areas of trees whose combined canopies cover a minimum of 80% of an area of one acre or more, as shown on air photos for the City of Edgerton and its environs.
B. 
Purpose of woodland protection requirements. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing airborne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities, which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.
C. 
Determination of woodland boundaries. General woodland boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property that contains a woodland depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 450-213. This analysis shall depict the location of all woodland areas on the subject property as related to the provisions of Subsection A above.
D. 
Mandatory woodland protection requirements. Woodlands shall remain in an undisturbed state except for the land uses permitted in § 450-33J and areas subject to the following mitigation requirements. Selective cutting operations are permitted by right in all woodland areas [per the requirements of § 450-33B(2)]. Clear-cutting is permitted as a conditional use in all woodland areas [per the requirements of § 450-33B(3)].

§ 450-100 Steep Slope Overlay Zoning District (C-4).

A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
STEEP SLOPES
Are defined as follows:
(1) 
Areas that are at least one acre in size and contain a gradient of 12% or greater over a distance of more than 150 feet down the face of the slope. (See graphic diagram below.)
(2) 
Areas that are at least one acre in size and contain a gradient of 12% or greater over a distance of less than 150 feet down the face of the slope if the slope is within 25 feet of the high-water mark of any adjacent perennial stream pond or wetland.
450 Slope.tif
B. 
Purpose of steep slope protection requirements. Steep slopes are particularly susceptible to damage resulting from site disruption, primarily related to soil erosion. Such damage is likely to spread to areas that were not originally disturbed. Such erosion reduces the productivity of the soil, results in exacerbated erosion downhill, and results in increased sedimentation in drainageways, wetlands, streams, ponds and lakes. Beyond adversely affecting the environmental functions of these resources areas, such sedimentation also increases flood hazards by reducing the floodwater storage capacity of hydrological system components, thus elevating the flood level of the drainage system in effected areas. Beyond these threats to the public safety, disruption of steep slopes also increases the likelihood of slippage and slumping, unstable soil movements, which may threaten adjacent properties, buildings, and public facilities such as roads and utilities.
C. 
Determination of steep slope boundaries. General steep slope boundaries are depicted on the Official Zoning Map. Upon the proposal of development activity on any property that contains a steep slope depicted on the Official Zoning Map, the petitioner shall prepare a detailed site analysis per the requirements of § 450-23. This analysis shall depict the location of all steep slope areas on the subject property as related to the provisions of Subsection A, above.
D. 
Mandatory steep slope protection requirements. Steep slopes shall remain in an undisturbed state except for the land uses permitted per the requirements of § 450-33J and as provided below:
(1) 
Permitted by right: N/A.
(2) 
Permitted by right with additional special requirements: 12% to 20% slopes.
(a) 
The use is in compliance with the base zoning district regulations found in § 450-33A through I.
(b) 
Shall provide a seventy-five-foot-wide permanent vegetated buffer strip between the base of the slope and the ordinary high-water mark of any adjacent perennial stream, pond or wetland.
(c) 
The steep slope area is not in conjunction with another conservation overlay district or natural resource feature.
(d) 
The soils in the steep slope area are not highly erodible.
(e) 
Shall comply with § 450-17, standards and procedures applicable to all uses permitted by right with special requirements.
(3) 
Conditional use regulations: slopes 20% or greater.
(a) 
The use is in compliance with the base zoning district regulations found in § 450-33A through I.
(b) 
Shall provide a seventy-five-foot-wide permanent vegetated buffer strip between the base of the slope and the ordinary high-water mark of any adjacent perennial stream, pond or wetland.
(c) 
If the steep slope area is in conjunction with another conservation overlay district or natural resource feature other mitigation actions as required by the Plan Commission.
(d) 
Development must comply with Chapter 439, Part 1, Stormwater Management and Erosion Control (Dane County), regulations of the City of Edgerton Code even if located in Rock County.
(e) 
Shall comply with § 450-16, standards and procedures applicable to all conditional uses.

§ 450-101 Municipal Well Recharge Area Overlay Zoning District (MW).

A. 
Purpose. The City of Edgerton recognizes that consequences of certain land use activities, whether intentional or accidental, can seriously impair groundwater quality. The purpose of the Municipal Well Recharge Area Overlay District (MW) is to protect municipal groundwater resources from certain land use activities by imposing appropriate restrictions upon lands located within the approximate groundwater recharge area of the City's municipal wells, either existing or planned. The restrictions imposed in this section are in addition to those of the underlying zoning district or any other provisions of this chapter. This chapter is established per § NR 811.16, Wis. Adm. Code.
B. 
Overlay Zones. The Municipal Well Recharge Area Overlay District is determined by modeling contained in the report entitled "City of Edgerton Well Head Protection Plan" for new wells and is the contaminant source inventory reporting area established by the WDNR for existing wells. These areas are indicated by Zone MW on the Official Zoning Map. Zone MW is identified as the primary source of water for the municipal well aquifer and as the most likely to transmit groundwater contaminants to the municipal wells.
C. 
Land use regulations. The following land use regulations are in addition to the land use regulations established for the underlying zoning district.
D. 
Prohibited uses. The following uses have a high potential to contaminate groundwater, or have already caused groundwater contamination, in Wisconsin and elsewhere. Therefore, the following principal or accessory uses are prohibited within the MW District unless Plan Commission determines the use has adequate separation distance. This determination shall be made through the conditional use permit process. All uses must comply with the separation distances established by the WDNR.
(1) 
Agricultural use of pesticides, insecticides, or fungicides.
(2) 
Areas for dumping or disposal of garbage, refuse, trash, or demolition material.
(3) 
Application of fertilizer to manicured lawns or grasses in excess of the nutrient requirements of the grass.
(4) 
Asphalt product manufacturing plants.
(5) 
Automobile laundries and car washes.
(6) 
Automobile service stations.
(7) 
Building materials and products sales.
(8) 
Cartage and express facilities.
(9) 
Cemeteries.
(10) 
Chemical storage, sale, processing, or manufacturing.
(11) 
Commercial exterior storage of any objects containing petroleum or other hazardous fluids.
(12) 
Dry-cleaning establishments.
(13) 
Electronic circuit assembly plant.
(14) 
Electroplating plants.
(15) 
Exterminating shop/business.
(16) 
Fertilizer manufacturing plants.
(17) 
Foundries and forge plants.
(18) 
Garages for repair and servicing of motor vehicles, including body repair, painting, or engine rebuilding.
(19) 
Highway salt storage areas.
(20) 
Industrial liquid waste storage areas.
(21) 
Intensive agriculture (i.e., locations of livestock confinement exceeding three head per acre).
(22) 
Junkyards and auto graveyards.
(23) 
Landfills.
(24) 
Metal reduction and refinement plants.
(25) 
Mining operations.
(26) 
Motor and machinery service and assembly shops.
(27) 
Motor freight terminals.
(28) 
Motorized trails, such as snowmobile or RV trails.
(29) 
Paint products manufacturing.
(30) 
Petroleum products storage or processing.
(31) 
Photography studios, including the development of film and pictures.
(32) 
Plastics manufacturing.
(33) 
Printing and publishing establishments.
(34) 
Pulp and paper manufacturing.
(35) 
Recycling facilities.
(36) 
Residential dwelling units on lots less than 15,000 square feet in area. However, in any residential district, on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the lot size, provided compliance with all other requirements of this chapter.
(37) 
Sewage disposal sites.
(38) 
Septic waste/sewage sludge land spreading.
(39) 
Sludge disposal sites.
(40) 
Storage, manufacture, or disposal of toxic or hazardous materials.
(41) 
Underground petroleum products storage tanks.
(42) 
Unsewered residential development.
(43) 
Woodworking and wood products manufacturing.
E. 
Conditional uses. The following uses may be allowed as a conditional use:
(1) 
Any other business or industrial use not listed as a prohibited use.
(2) 
Animal waste storage areas and facilities.
(3) 
Center-pivot or other large-scale irrigated agricultural operations.
F. 
Separation distances. The separation distances for particular land uses established by § NR 811.12(5)(d), Wis. Adm. Code, are hereby established.
[Amended 7-17-2023 by Ord. No. 23-10]
G. 
Additional land use regulations:
(1) 
Sewered and unsewered residential uses with a maximum lot area of 20,000 square feet are allowed to have an area of manicured lawn or grass up to 15,000 square feet.
(2) 
All storage water shall be retained on site. Stormwater shall be discharged to settling ponds where it will percolate through at least six inches of topsoil. Use of drywells or other subsurface drains for stormwater is prohibited.
(3) 
All aboveground petroleum product storage tanks shall provide leakproof containment equal to 125% of the tank volume.
(4) 
Pesticide, insecticide, or fungicide storage is permitted for on farm use by the owner or farm operator only.
(5) 
Bulk liquid pesticide, insecticide, fungicide, or fertilizer storage in excess of 55 gallons is prohibited except in containment areas not less than 125% of the volume of the largest container. Short-term storage of one week or less is permitted in ICC-approved transport containers.
(6) 
Animal waste, septic, and sewer sludge shall not be applied at rates exceeding the nutrient requirements of the crop growing on the application site. Application of these materials to frozen or snow covered ground is prohibited.
(7) 
All commercial and industrial uses are allowed a maximum of 50% of lot area to be maintained in manicured lawn or grass. However, the area of the lot in manicured lawn or grass shall not exceed the area of other naturalized pervious surfaces on the lot.
(8) 
Except for existing lots of record on the effective date of this chapter or developments that will be served by municipal sewer within five years of the approval of the development, unsewered residential uses shall have a minimum lot size of two acres. Lots smaller than two acres may be approved, provided that sufficient land area will be maintained in an undeveloped state so that no more than one residence is allowed for each two acres of the overall development.
H. 
Enforcement. Any person, firm, or corporation who fails to comply with the provisions of this section shall be subject to a penalty in accordance with § 450-25.
[Amended 7-17-2023 by Ord. No. 23-10]

§ 450-102 Planned Developments (PD).

A. 
Purpose and intent. Planned Developments are intended to provide more incentives for infill development and redevelopment in areas of the community which are experiencing a lack of significant reinvestment. Furthermore, Planned Developments are designed to forward both the aesthetic and economic development objectives of the City by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the Planned Development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
B. 
Applicable standards. Development standards are flexible within this zoning district. Refer to § 450-24 for the range of development standards.