The purpose and objectives of the business district is to provide commercial areas that will provide services to the public in an attractive, safe and convenient manner. The B-P district is established for areas having predominantly office uses, typically generating low traffic volumes and traffic turnover.

(Ord. No. 2010-O-09, § 22.40, 10-12-2010)

For the B-P Professional Office District, permitted uses are as follows:

(1)

Office activities.

a.

Professions including health services, office or clinic basis. (801—804)

b.

Finance, real estate, insurance. (60—67, except for convenience cash business)

c.

Government offices. (91—96)

d.

Business offices. (89)

e.

Business services, including convenience printing, excluding services to buildings. (73, except 734)

f.

Educational services, provided all activities are enclosed within buildings. (82)

g.

Legal services. (81)

h.

Business and Professional Associations. (861—862)

i.

Medical and dental laboratories. (807, 808, 809)

(2)

Computer services. (737)

(3)

Existing residential units.

(4)

Studios, art studios, interior decorating studio, photographic studio, music studio, dance studio and art institutes.

(5)

Retail sales and services provided by vending machines or by personnel when such retail area is within a building, so constructed and maintained that all access is from a lobby, hall or court and not directly from the out-of-doors; it is the intent that such sales and services are provided for the convenience of the patrons and occupants of the building.

(6)

Beauty shops and barbershops. (723, 724)

(7)

An establishment may devote up to 30 percent of its floor space to processing, fabrication, or assembling of a manufacturing nature and incidental to the principal use.

(8)

The ground floor of each principal structure must be devoted principally to an allowable use, permitted or conditional, other than residential. The principal use of ground floor areas may not be parking or storage.

(Ord. No. 2010-O-09, § 22.41, 10-12-2010; Ord. No. 2015-O-02, § 1, 1-27-2015)

For the B-P Professional Office District, conditional uses are as follows:

(1)

Theatres for performing arts.

(2)

Labor unions and similar labor organizations; civic, social and fraternal associations; political organizations; religious organizations; membership organizations, not elsewhere classified. (863, 864, 865, 866, 869)

(3)

Nursing homes; rest homes. (805)

(4)

Residential. Residential units may be located on the second or third floor. The lot area must provide 5,000 square feet of area for each residential unit.

(5)

Agricultural production. (01-02)

(6)

Class I restaurants.

(7)

Educational services, with activities outside building. (82)

(8)

Health clubs.

(9)

Liquor stores. (5921)

(10)

Day care.

(11)

Hotels and motels. (701)

(12)

Wireless communication facilities.

(13)

Funeral homes. (7261)

(Ord. No. 2010-O-09, § 22.42, 10-12-2010; Ch. Ord. No. 2018-O-21, § 1, 6-12-2018)

Dimensional standards set forth below shall be applied on a permitted use basis. These intensity and dimensional standards may be reduced by the plan commission in the course of design review upon findings that reductions will provide adequate site area and layout to accommodate the uses contemplated on the site and that negative impacts upon neighboring properties will be avoided. Where deemed appropriate by the plan commission, property owners may be required to obtain permanent, binding consents from abutting property owners with such consents running with the land filed with the register of deeds.

(1)

Minimum lot area: 8,000 square feet, one acre unsewered.

(2)

Minimum lot width: 60 feet.

(3)

Minimum front setback: 20 feet.

(4)

Minimum side setback: ten feet.

(5)

Side street setback: 15 feet.

(6)

Rear setback: ten feet.

(7)

Maximum building height: The lesser of 42 feet or three stories. Height over three stories or 42 feet is subject to conditional use approval.

(8)

Minimum open space: 25 percent.

(9)

Design review is required for all parking lots. Use of a parcel or portion of a parcel for parking lot purposes associated with a business establishment on a different parcel is allowable with design review approval.

(Ord. No. 2010-O-09, § 22.43, 10-12-2010)

The B-G General Business District is established for areas having general business and office uses, mostly at small or medium scale compatible with the suburban setting. In order to ensure this small or medium scale, the total gross building footprint of a single improved structure on a parcel shall not exceed 70,000 square feet nor shall the total gross building footprints of all improved structures on a parcel exceed a total of 150,000 square feet.

(Ord. No. 2010-O-09, § 22.44, 10-12-2010)

For the B-G General Business District, permitted uses are as follows:

(1)

Office activities.

a.

Professions including health services, office or clinic basis. (801—804)

b.

Finance, real estate, insurance. (60—67, except for convenience cash business)

c.

Government offices. (91—96)

d.

Business offices.

e.

Business services including convenience printing, excluding services to buildings. (73 except 734)

f.

Educational services, provided all activities are enclosed within buildings. (82)

(2)

Commercial activities.

a.

Variety stores; hardware stores. (525, 53)

b.

Food stores. (54)

c.

Auto accessory stores (completely enclosed). (553)

d.

Apparel and accessory stores. (56)

e.

Furniture; home furnishings and equipment. (57)

f.

Drugstores. (591)

g.

Liquor stores. (592)

h.

Miscellaneous shopping goods. (594)

i.

Miscellaneous retail stores. (59, except 598 and secondhand business)

j.

Coin operated laundry and dry cleaning. (7215)

k.

Dry cleaning, retail, not including diaper service, linen service, towel service, industrial laundry, carpet and upholstery cleaning. (7211, 7212, 7216, 7219)

l.

Printing and publishing; photographic studio. (27, 722)

m.

Other personal services. (723, 724, 725)

n.

Business services. (73)

o.

Watch, clock and jewelry manufacture and repair. (763)

p.

Electrical, electronic, radio, television and related repairs. (762)

q.

Social services. (83)

r.

Dance, fitness and health centers.

s.

Museums. (84)

t.

Miscellaneous services. (89)

u.

Mass transit depots and facilities. (41)

v.

Outdoor sales/display. The following types of outdoor sales/display are allowable in the B-G district either as a principal use or as an accessory use:

1.

Impermanent or short-term seasonal outdoor storage or display of sales merchandise.

2.

Outdoor sales with sales occurring from open displays, vehicles or tents; farmers markets, flea markets, outdoor sales of artwork, crafts, or food.

3.

Permits are required from the city zoning administrator. The decisions of the administrator on applications for permits shall be based upon the following criteria:

(i)

The outdoor lighting system, if any, for the sales operation shall be designed so that no direct source of light is visible from the public right-of-way and so that no direct beam of light shall be cast upon adjacent lands.

(ii)

If a public address system is used, the volume of sound transmitted shall not be over 65 db at the property line.

(iii)

Fencing may be required by the zoning administrator as needed, upon determination of the administrator and/or the police department, for safety or security reasons.

(iv)

Conditions may be placed upon the approved permit pertaining to traffic flow and parking, after consultation with the police department.

(v)

Conditions may be placed upon the approved application to achieve consistency with regulations under city ordinances governing peddlers.

(vi)

Hours of operation and duration of sales/displays shall be specified in the approved permit.

(vii)

No permit shall be approved unless the application is made by or cosponsored by a merchant of related merchandise whose retail business currently occupies a building on or near the same premises.

w.

Light manufacturing, assembly and warehousing accessory to a permitted or conditional use which shall not exceed more than 30 percent of the total uses by floor space.

(3)

The ground floor of each principal structure must be devoted principally to an allowable use, permitted or conditional, other than residential. The principal use of ground floor areas may not be parking or storage.

(4)

Existing residential dwelling units.

(Ord. No. 2010-O-09, § 22.45, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012; Ord. No. 2015-O-02, §§ 2, 3, 1-27-2015)

For the B-G General Business District, conditional uses are as follows:

(1)

Amusement and recreation services. (79)

(2)

Agricultural production. (01-02)

(3)

Residential. Residential units located above the sidewalk level floor.

(4)

Restaurants all classes.

(5)

Gas stations class I and II or with a convenience store.

(6)

Drinking places. (5813)

(7)

Outdoor/display. Permanent or long-term seasonal outdoor storage or display of sales merchandise.

(8)

Medical, dental laboratories and health care services. (807, 808 and 809)

(9)

Hotels and motels. (701)

(10)

Wireless communication facilities.

(11)

Light manufacturing, assembly and warehousing, accessory and incidental to a permitted or conditional use, which may exceed 30 percent but no more than 45 percent of the total use by floor space.

(12)

Light manufacturing, assembly, and warehousing associated with a licensed alcohol manufacturing establishment which produces, processes, or ferments beers, wines, or distilled spirits in conjunction with a restaurant, tasting room, or retail sales.

(13)

Convenience cash business or secondhand business. In addition to the standards of section 22-640(c) the following standards shall also be applied by the plan commission:

a.

Distance to any other cash convenience business;

b.

Distance to an existing residential zoning district or residential use;

c.

Distance to a school.

In its review of the application the plan commission shall avoid concentrations of these uses within in any one locale, or to be detrimental to a neighborhood. Any distance of less than 1,000 feet shall be presumed to be detrimental.

(Ord. No. 2010-O-09, § 22.46, 10-12-2010; Ord. No. 2015-O-02, § 4, 1-27-2015; Ord. No. 2019-O-10, § 1, 4-23-2019)

Dimensional standards for the B-G district shall be the same as the B-P district.

(Ord. No. 2010-O-09, § 22.47, 10-12-2010)

Lands placed within these districts take the form of clustered or strip commercial areas, land extensive development patterns of retail, service, warehouse, light industrial uses, most of which are highway-oriented. While serving these functional purposes, these areas also serve as gateways to the Fitchburg community. Design review will seek to create as much attractiveness as is economically feasible and consistent with the functioning of the businesses.

(Ord. No. 2010-O-09, § 22.48, 10-12-2010)

For the B-H Highway Business District, permitted uses are as follows:

(1)

Ambulance service.

(2)

Animal hospital and kennel. (074-075)

(3)

Gas station with convenience store; minor automobile service such as car wash only when secondary to a gas station. (554)

(4)

Diaper service, linen service, towel service, industrial laundry, carpet and upholstery cleaning. (721)

(5)

Car and truck sales and rental of vehicles (551, 552; 751).

(6)

Cabinet shop, plumbing shop, upholstery shop, electrical shop, etc. (76)

(7)

Farm machinery sales and service. (5083, 7699)

(8)

Food locker. (4222)

(9)

Building and lumber supplies and services. (52)

(10)

Motel and hotel. (701)

(11)

Printing and publishing. (27)

(12)

Funeral homes. (726)

(13)

Wholesale facilities and services. (50, 51)

(14)

Municipal buildings and services. (91, 92)

(Ord. No. 2010-O-09, § 22.49, 10-12-2010; Ord. No. 2024-O-16, § 1, 6-25-2024)

For the B-H Highway Business District, conditional uses are as follows:

(1)

Contractor's offices, shops and yards. (15, 16, 17)

(2)

Bus, train or transit depot. (40, 41)

(3)

Transportation services. (47)

(4)

Postal services. (43)

(5)

Department and discount stores. (53)

(6)

Light industrial uses (see I-G district, section 22-396 and 22-397(d)).

(7)

Auto, truck and heavy equipment repair. (753)

(8)

Auto supply. (553)

(9)

Boat and recreational equipment. (555—557)

(10)

Services to buildings. (734)

(11)

Greenhouses, nurseries and landscaping sales and services. (018, 078)

(12)

Amusement and recreation services. (79) and motion picture theatres (783), including retail sales of sporting goods practiced in association with the recreational services.

(13)

Agricultural production. (01-02)

(14)

Restaurants, all classes, drinking places. (58)

(15)

Grocery stores. (541)

(16)

Wireless communication facilities.

(17)

Residence for a caretaker of an on-site business operation.

(18)

Adult entertainment establishments, as defined in section 62-19, Fitchburg Ordinances, provided there is a buffer of 1,320 feet, beginning from the property line of the adult entertainment establishment, between any other adult entertainment establishment, or any day care center that is licensed for eight or more children, any school, park, or place of worship.

(Ord. No. 2010-O-09, § 22.50, 10-12-2010; Ord. No. 2024-O-16, § 1, 6-25-2024)

Dimensional standards for the B-H Highway Business District set forth below shall be applied on a permitted use basis. These intensity and dimensional standards may be reduced by the plan commission in the course of design review upon findings that reductions will provide adequate site area and layout to accommodate the uses contemplated on the site and that negative impacts upon neighboring properties will be avoided. Where deemed appropriate by the plan commission, property owners may be required to obtain permanent, binding consents from abutting property owners with such consents running with the land.

(1)

Minimum lot area: 8,000 square feet, one acre unsewered.

(2)

Minimum lot width: 60 feet.

(3)

Minimum front setback: 25 feet.

(4)

Minimum side setback: ten feet.

(5)

Side street setback: 20 feet.

(6)

Rear setback: 20 feet.

(7)

Maximum building height: The lesser of the 42 feet or three stories. Height over three stories or 42 feet is subject to conditional use approval.

(8)

Minimum open space: 15 percent.

(Ord. No. 2010-O-09, § 22.51, 10-12-2010)

(a)

As of October 12, 2010, no property shall be rezoned to the RD district.

(b)

The purpose of the rural development is to accommodate certain commercial uses that have developed in rural areas, including those commercial uses that support agricultural production and provide a holding zone for areas that are intended for future urban development. These areas will be zoned in accordance with the use designation appearing in the comprehensive plan when logical extension of utilities and facilities can be provided. This will discourage haphazard and premature development from occurring at the fringes of the city's urban service area.

(Ord. No. 2010-O-09, § 22.52, 10-12-2010)

For the RD Rural Development District, permitted uses are as follows:

(1)

Agricultural uses. (01-02)

(2)

All uses permitted in the R-L district.

(Ord. No. 2010-O-09, § 22.53, 10-12-2010)

For the RD Rural Development District, conditional uses are as follows:

(1)

All uses conditional in the R-L district.

(2)

Horticultural specialties. (018)

(3)

Commercial animal operation. (075)

(4)

Veterinary services. (074)

(5)

Landscape services and sales. (078)

(6)

Fish hatcheries. (092)

(7)

Repair, sales and service of farm machinery and equipment. (5083, 7699)

(8)

Sales distribution, mixing, blending and storage of feeds, seeds and fertilizer. (2048, 287, 5191)

(9)

Manufacture of dairy products. (202)

(10)

Storage of construction equipment necessary for the operation of a general mechanical or landscape contracting business (limit of 12 items of construction equipment stored on lot).

(11)

School bus storage, parking, maintenance and repair of buses stored on lot. (4151)

(12)

Parking of one truck or road tractor or semi-tractor and its trailer in excess of 4.0 tons gross vehicle weight.

(13)

Mineral extraction operations, including washing, crushing, quarrying borrow pits, or other processing or removal of mineral resources, the erection of buildings and the installation of necessary machinery used in said extraction or processing, and the preparation of hot blacktop mix and ready-mixed concrete.

a.

An application for a permit shall be submitted by the owner and shall include an adequate description of the operation; a plan of the site showing the proposed and existing roads and drives, the sources, quantity and disposition of water to be used, if any; estimated dates for completion of the extraction and commencement and completion dates for the reclamation; a reclamation plan and such other information as may be necessary to determine the nature of the operation and the effect on the surrounding area.

b.

The reclamation plan shall contain adequate provision that all final slopes around the area be flatter than a three to one horizontal slope in a sand, gravel or borrow pit operation, or in a safe angle of repose in a quarrying operation; excavations below the grade of the nearest abutting public street or highway shall be setback from the street or highway a distance not less than that required for buildings and structures under this article; excavations made to a water producing depth shall not be closer than three feet measured from the water table, all final slopes shall be covered with topsoil from the original site and seeded to prevent erosion; the plan shall require that after completion of the anticipated operation that the area shall be cleared of all debris and be left in a workmanlike condition, subject to the approval of the city.

c.

Application for a conditional use permit for a mineral extraction operation, or for a hot blacktop mix or ready-mixed concrete plant, shall be submitted to the plan commission for public hearing and approval. The conditional use permit shall be for a period of time as stated in the application or as modified by the plan commission. Modification of the application or reclamation plan may be permitted or additional conditions may be required upon application. The plan commission shall consider the effect of the proposed operation and the proposed reclamation upon existing and future conditions, including streets, neighboring land development, land use drainage, water supply, water pollution, air pollution, soil erosion, natural beauty and land value of the locality. The plan commission may approve, approve conditionally or reject the application and reclamation plan.

(14)

Wireless communication, radio, television transmitting towers, microwave towers, community antenna television including the buildings or structures necessary for their operation but not including buildings for offices or studios. The parcel of land shall be of a size large enough to ensure that if a tower shall fall, it will not fall on adjacent property or on the right-of-way of a public road.

(15)

Dumping grounds, sanitary landfill sites, demolition material disposal sites and incinerator sites shall also comply with Wis. Stats. § 60.72 and shall meet the minimum standards as adopted by the state department of natural resources pursuant to Wis. Stats. §§ 144.43 and 144.44.

(16)

Golf courses. (7992)

(17)

Junk and salvage yards and solid waste recycling centers. (4953)

(18)

Landing strips or landing fields. (4582)

(19)

Food stores maximum 5,000 square feet. (54)

(20)

Farm supplies. (5191)

(21)

Welding shops. (7692)

(22)

Public warehousing. (422, except 4226)

(23)

Used merchandising stores. (5931)

(Ord. No. 2010-O-09, § 22.54, 10-12-2010; Ord. No. 2015-O-27, § 1, 10-27-2015)

For the RD Rural Development District, dimensional standards are as follows:

(1)

Minimum lot area: five acres (may be reduced to a minimum of one acre on a conditional use basis).

(2)

Minimum lot width (measured at end of easement for "flag lots"): 150 feet.

(3)

Minimum front setback: 40 feet.

(4)

Minimum side setback: ten feet.

(5)

Minimum street side setback: 30 feet.

(6)

Minimum rear setback: 50 feet.

(7)

Maximum height of structures: 45 feet, except that there is no height limitation for agricultural related buildings or agricultural businesses. Other structures may be allowed to exceed 45 feet on a conditional use basis.

(8)

Minimum open space: 40 percent.

(Ord. No. 2010-O-09, § 22.55, 10-12-2010)

Uses identified as conditional uses in the B-P, B-H and RD districts receive normal design review as do permitted uses in these districts. Conditional uses receive additional review on the question of whether the use proposed is appropriate to the site, at the time that it is proposed for development and in the manner proposed. In conducting this review, the plan commission shall give specific attention to the scale of proposed operations in relation to the scale of prevailing or expected nearby uses, the likelihood of problems arising through hours of operation, peaking of usages, stability of the operation, service demands upon the city, impacts on the neighborhood, roads or service systems. Approvals may be conditioned, as necessary, to ensure that the public interest will be served.

(Ord. No. 2010-O-09, § 22.59, 10-12-2010)