Fond Du Lac City Zoning Code
ARTICLE VI
Residential Districts
§ 720-28 Intent.
A.
General. The general intent of this article is to set forth land uses or activities which are permitted in residential areas in the City of Fond du Lac, to specify the zoning district in which each use or activity will be permitted, with or without special conditions, or after a special use permit has been granted, and to establish density and bulk regulations within each district.
B.
R-1 Single-Family Residential District. The intent of the R-1 Residential District is to set forth those land uses and activities which are permitted in areas where one-family housing development at a relatively low or moderate density is the desired predominant land use.
C.
R-2 Single-Family and Two-Family Residential District. The intent of the R-2 Residential District is to set forth those land uses and activities which are permitted in areas which can provide a transition between one-family and multiple-family residential districts and where one-family and two-family development at moderate density is the desired predominant land use.
D.
R-3 Central Area Residential District. The intent of the R-3 Residential District is to set forth those land uses and activities which are permitted in older, central areas of the City that have been developed with a variety of residential land uses. Generally these areas have smaller lots, and one-family and two-family homes are the predominate and most desirable land uses.
E.
R-4 Multifamily Residential District. The intent of the R-4 Residential District is to set forth those land uses and activities which are permitted in areas where a moderate to high concentration of residential dwellings, including multiple-family housing development, is the desired predominant land use.
§ 720-29 Schedule of regulations.
Restrictions and controls for land uses or activities permitted in residential districts, or land uses or activities having special conditions attached to them, or requiring a special use permit, are set forth in Schedule II. Regulations for lot size, yards and similar bulk requirements are set forth in Schedule III. Both said schedules are hereby adopted and made part of this chapter.[1]
[1]
Editor's Note: The schedules are included as attachments to this chapter.
§ 720-30 Excluded uses or activities.
A land use or activity not set forth in Schedule II is not permitted in residential districts in the City of Fond du Lac, except that uses and activities which are similar to those which are permitted in a district may be permitted by special use permit.
§ 720-31 Special conditions for certain land uses or activities.
[Amended 5-14-2014 by Ord. No. 3546]
Land uses or activities listed in Schedule II as being "permitted with special conditions" shall not be considered permitted until applicable conditions, as set forth in this chapter, have been complied with or a variance has been granted.
§ 720-31.1 Building design and construction materials.
[Added 5-27-2020 by Ord. No. 3708]
A.
Acceptable materials of a building in a residential district include siding made of wood, wood composite, vinyl, or fiber cement; brick, brick veneer, stone, stone veneer, split face or decorative block, EIFS, stucco. Stone or brick should be of relatively even coloration and consistent size. Other building materials may be considered where appropriate. The use of metal panels, plywood, oriented strand board (OSB) or similar materials as primary wall treatments is prohibited. Metal roofs, decorative metal trim and accents, and metal architectural elements may be considered on a case-by-case basis. A metal clad building or a pre-engineered metal building system is not permitted, except where allowed for a land use approved by a special use permit. These standards apply to the first-time construction of a building(s), building additions, exterior remodeling and renovation.
B.
A membrane structure, including plastic, fabric or similar flexible materials, is not permitted as a permanent structure except where allowed for a land use approved by a special use permit. The temporary and/or permanent use of a steel shipping container as a structure is not allowed.
§ 720-32 Residential development in R-3 and R-4 Districts.
In addition to the standards for site plan approval described in § 720-12, the following standards for project approval shall apply. These standards are applicable for all multifamily development and for the grouping of two or more two-family dwelling units on a single lot.
A.
When a lot in an R-3 or R-4 District abuts property in an R-1 District, a landscape buffer strip at least 10 feet wide shall be established along the length of the adjacent R-1 lot line where the adjacent R-1 land is developed or planned for single-family use. A buffer strip is not required when the adjacent R-1 District property is occupied by existing public, institutional or other nonresidential uses.
B.
No multifamily structure closer than 200 feet to a R-1 District shall be more than two stories or 35 feet in height where the adjacent R-1 land is developed or planned for single-family use. The height limitation is not applicable when the adjacent R-1 District property is occupied by existing public, institutional or other nonresidential uses.
C.
Density reductions for multifamily dwellings closer than 200 feet to an R-1 District shall not apply when the R-1 property is occupied by existing public, institutional or other nonresidential uses.
D.
The front facade of a building shall be oriented to face a public street, except in the case of a through lot. Where the site development of multifamily residences or condominium homes orients the rear or side building facade to abut a public street, such facades shall be enhanced with architectural elements and/or landscaping.
E.
F.
Outdoor trash/recycling receptacles shall be confined within an enclosed area located not less than five feet from any side or rear property line. No trash enclosure shall be located within a front yard area. Wall height of the enclosure shall be not less than six feet. The building materials of such enclosure shall match the materials of the principal residential building(s).
[Amended 5-14-2014 by Ord. No. 3546]
G.
[1]Outdoor storage. The open storage or long-term parking of boats, trailers, fishing shanties, snowmobiles, recreational vehicles, and other similar vehicles shall be prohibited.
H.
Landscaping. Existing natural site topography and mature plantings should be considered in developing a landscape plan. A suitable planting scheme will provide a mix of deciduous and coniferous trees and shrubbery, lawn, ground cover and seasonal flowers and include foundation plantings, groupings of plants at the entryways to the property, open parking screening, and front yard setback areas along a public right-of-way and along interior lot lines to provide a transition to adjoining properties.
I.
Lighting. Site lighting shall utilize fixtures that reflect the architecture and style of the building(s). Freestanding lights shall not exceed 12 feet in height. Lighting shall be confined to the site and shall not produce glare or wash onto adjacent properties or public rights-of-way.
[Added 3-25-2015 by Ord. No. 3575]
§ 720-33 Single-family condominium dwellings in R-1 District.
In addition to the standards for site plan approval described in § 720-12, the following standards for project approval shall apply:
A.
Minimum lot area per dwelling unit: 10,000 square feet.
B.
Setback and building separation requirements:
(1)
Front yard setback, the area between the front of a building and the public right-of-way line and/or the area between the front of a building and a private roadway: minimum 30 feet.
(2)
Interior yard setback, the area extending from the front yard to the rear yard between a building and the side lot line: minimum 18 feet.
(3)
Rear yard setback, the area extending across the full width of the lot between a building and the rear lot line: minimum 20 feet.
C.
On-site parking. Two spaces for each dwelling unit, and at least one visitor/guest parking space for each dwelling unit, shall be provided. No parking shall be permitted in any yard between the buildings and the street except within the driveway.
D.
Driveways.
(1)
Common driveway: the paved area of private roadway to serve the condominium development. Driveways shall be no wider than 24 feet at the public right-of-way line within the required front yard area, with a maximum width elsewhere of 20 feet. The twenty-foot width may be increased where the Fond du Lac Fire/Rescue Department determines a modification is necessary for public safety. Parking shall be prohibited along all common driveways.
[Amended 1-28-2015 by Ord. No. 3570]
(2)
Individual driveway: the paved area extending from the common driveway to each dwelling unit. The maximum width may correspond to the garage width, not to exceed the width of such garage, for a linear distance of 30 feet whereupon the driveway shall taper to a width of 20 feet at the point of intersection with the common driveway.
E.
Sidewalks. Sidewalk shall be installed along all property boundaries which abut a public street. Sidewalk construction shall comply with City standards.
F.
Lighting. Freestanding ornamental lights not to exceed 12 feet in height shall be provided to illuminate and delineate private roadways and internal pedestrian walkways. Lighting shall be confined to the property and shall not produce glare or wash onto adjacent properties or public rights-of-way.
H.
Buffer between land uses. A landscape buffer strip at least 10 feet wide shall be established and maintained along all property boundaries that abut areas of R-1 zoning planned or developed for traditional single-family residential uses. Such buffer strip is not applicable when the adjacent R-1 property is occupied by existing public, institutional or other nonresidential uses.
I.
Landscaping. Existing natural site topography and mature plantings should be considered in developing a landscape plan. A suitable planting scheme will provide a mix of deciduous and coniferous trees and shrubbery, lawn, ground cover and seasonal flowers. Required components of the landscape plan shall include foundation plantings, groupings of plantings at the entryways to the property, open parking screening, and front yard setback areas along a public right-of-way and along interior lot lines to provide a transition to adjoining properties.
J.
[2]Outdoor storage. The open storage or long-term parking of boats, trailers, fishing shanties, snowmobiles, recreational vehicles, and other similar vehicles shall be prohibited.
K.
Site design and architectural techniques. There is no particular architectural style required for condominium dwellings, but the focus should be on the development of a high-quality residential environment. Site and building designs must consider compatibility with the surrounding area, particularly adjacent traditional single-family subdivisions. Site design requirements shall include the following:
(1)
The front facade of a building shall be oriented to face a public street where practical except in the case of a through lot. Where the front facade does not face a public street, the front yard area shall be provided with landscaping and other suitable materials to buffer the use from the public right-of-way.
(2)
Utilize reverse building plans and vary building placement to add variety of building orientations and to avoid the monotony of garage door corridors.
§ 720-34 (Reserved) [1]
[1]
Editor’s Note: Former § 720-34, Christmas tree sales, was repealed 11-28-2018 by Ord. No. 3680.
§ 720-35 Mobile homes.
§ 720-36 (Reserved) [1]
[1]
Editor’s Note: Former § 720-36, Conversion of existing dwellings into additional dwelling units, was repealed 11-28-2018 by Ord. No. 3680.
§ 720-37 Home occupation.
A.
A home occupation may be conducted within a residence located in a residential zoning district, provided that all of the following conditions are met:
(1)
The home occupation is conducted within a one-family dwelling. The home occupation may be conducted within a two-family or multifamily dwelling if no customer/client traffic is generated.
(2)
The use of an existing garage for a home occupation may be permitted if the property has existing on-site parking in accordance with this chapter. Refer to Schedule IX.[1] Total floor space utilized by the home occupation within the garage shall be not more than 50%. The use of an accessory building, such as a shed, utility building, gazebo, etc., for a home occupation shall be prohibited.
[1]
Editor's Note: Schedule IX is included as an attachment to this chapter.
(3)
Total floor space utilized by the home occupation shall be not more than one room or 25% of the gross floor area of the dwelling, whichever is less.
(4)
The home occupation is conducted by the person(s) who resides in the dwelling.
(5)
One sign to identify the name of the home occupation is permitted. Maximum sign area shall not exceed two square feet. Lighting is not permitted.
(6)
There shall be no exterior evidence of the conduct of a home occupation, including outside storage, or the visible display of merchandise for sale or for services available.
(7)
No alterations to the dwelling are necessary for the purpose of supporting the home occupation, such as a second kitchen, special equipment or additional furnishings that are not typical for residential use, or additional plumbing, cooling/heating, etc. The appearance of the dwelling or garage shall not be altered in a manner that causes the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs or the emission of sounds, noises, or vibrations.
(8)
No exterior entryways separate from entryways to serve the dwelling shall be created and/or provided solely for the conduct of the home occupation.
(9)
The occupation or activity shall not generate pedestrian or vehicular traffic beyond that common to a one-family dwelling. Parking to serve a home occupation shall be provided on site within an existing driveway. The alteration of an existing driveway or the construction of uncovered parking to serve a home occupation shall be prohibited.
(10)
The occupation or activity does not produce offensive noise, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies.
(11)
There shall be no use of materials or mechanical equipment not recognized as being part of normal household or hobby uses.
(12)
Dispatching of persons or equipment from the property shall be prohibited.
(13)
There shall be no commodities sold or services rendered that require receipt and delivery of merchandise, goods or equipment by other than passenger motor vehicle or by United States Mail Service. The delivery of goods not more than twice weekly via UPS, FedEx and similar delivery services that utilize vehicles not exceeding 2 1/2 tons in capacity shall be permitted.
B.
The following home occupations or businesses, as well as similar businesses and services, shall be prohibited:
(1)
Retail sales or rental shop.
(2)
Personal services, such as a beauty shop, barbershop, tanning salon, nails, massage, and similar uses.
(3)
Automotive repair, small engine repair, paint and body shop.
(4)
Automotive sales, exclusive of the sale of the resident's personal vehicle(s).
(5)
Animal grooming, boarding and care.
(6)
Professional health care office/clinic.
(7)
Limousine, taxi and/or bus service.
(8)
Automotive towing and/or wrecking service.
C.
Permit required. The use of a residence for home occupation purposes as set forth in this section shall require a permit from the Community Development Department.
(1)
Application for a home occupation permit shall be made to the Community Development Department. The Community Development Department may void any home occupation permit for noncompliance with the criteria set forth in this section.
(2)
The Community Development Department shall grant, conditionally grant or deny a permit for a home occupation within 10 business days. The permittee may appeal the denial of a permit to the Board of Appeals within 30 days of the date of the denial.
(3)
Persons with disabilities recognized under the Americans with Disabilities Act and related state laws may be accommodated by special exception of the Board of Appeals. The applicant may request waiving of one or more, or a portion thereof, of the requirements of this section. The special request may be granted by the Board of Appeals after a public hearing and notification of property owners within 300 feet of the subject property. In reviewing the request, the Board of Appeals may grant a waiver if the applicant's physical disability prevents the applicant from conducting a home occupation within the requirements of this section and granting such a waiver is not unduly burdensome on the City, the neighborhood, or its residents.
(4)
Approval of a home occupation permit shall be specific to the permittee and shall remain valid for the duration of the permittee's occupancy in the affected residence.
§ 720-38 Traditional neighborhood development (TND).
B.
Applicability. This section is a set of standards for new development of 15 acres or more contiguous to existing development, or for infill or redevelopment of five acres or more.
C.
Plan submittal requirements and approval process. An implementation plan shall be prepared to establish the intent, density and intensity for a TND. The implementation plan shall be submitted to the Community Development Department for review and comment by the Site Plan Committee and forwarded with comments to the Plan Commission. The Plan Commission shall approve, conditionally approve or deny the implementation plan. Any party who is aggrieved or affected by the decision of the Plan Commission may appeal the action to the City Council within 30 days of the date of the Plan Commission's decision. The implementation plan shall include the following:
(1)
A written report that describes site conditions and development objectives and provides general information about the covenants, conservation easements, or agreements which will influence the use and maintenance of the proposed development.
(2)
A general location map of suitable scale that shows the location of the property within the community and adjacent parcels, including public streets, railroads, major streams or rivers and other major features within 1,000 feet of the site.
(3)
A site inventory and analysis to identify site assets or resources and constraints, including, but not limited to, floodplains, wetlands, utility easements for high-tension electrical transmission lines, steep slopes greater than 15% and brownfields.
(4)
A conceptual development plan to include building footprints, location of streets, drives and parking areas, pedestrian and bicycle paths, proposed and existing landscape features and open space areas.
(5)
A conceptual stormwater management plan identifying the proposed pattern of stormwater runoff, locations of stormwater infiltration areas and other significant stormwater management practices.
(6)
Identification of the architectural style of the TND shall be conveyed with drawings of proposed building elevations, including dimensions of building height and width, and facade treatment.
(7)
Any other information deemed necessary by the City of Fond du Lac in order to evaluate plans.
D.
Amendments to the implementation plan. Minor changes to an approved implementation plan may be authorized by the Community Development Department, provided that the changes do not involve:
E.
Subdivision of land. Where a TND involves a division of land, the required documents shall be reviewed and approved in accordance with the requirements of Chapter 705, Subdivision of Land, of this Code and Ch. 236, Wis. Stats. If there is a conflict between the design standards of Chapter 705 and the design guidelines for a TND, the provisions of this section shall apply.
F.
Traditional neighborhood development design standards. A TND should consist of residential uses, a mixed use area, and open space uses.
(1)
Residential. A mix of residential uses to include one-family detached dwellings, one-family attached dwellings, multifamily dwellings, secondary dwelling units, and special needs housing, such as community living arrangements and assisted living facilities. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the TND.
(2)
Mixed use. A mixed use area of commercial, residential, civic or institutional and open spaces uses. All residents should be within approximately 1/4 mile from existing or proposed commercial, civic and open space areas.
(a)
Commercial uses. Refer to allowable business uses permitted in the C-1 and C-2 Districts as specified in Schedule IV. Individual business should not exceed 6,000 square feet in size. The total ground floor area of nonresidential development uses, including off-street parking areas, shall not exceed 25% of the TND.
(b)
Residential uses. One-family attached dwellings, multifamily dwellings, dwelling units located on upper floors above commercial uses or to the rear of storefronts, live/work units that combine a residence and the resident's workplace, and special needs housing such as community living arrangements and assisted living facilities.
(c)
Civic or institutional uses.
(d)
Open space uses.
G.
Development units. The number of residential dwelling units shall be determined as follows:
(1)
In areas devoted to mixed residential uses:
(a)
The number of single-family attached and detached units permitted shall be five to eight dwelling units per net acre.
(b)
The number of multifamily units shall be 15 to 40 dwelling units per net acre.
(c)
Secondary dwelling units shall be permitted in addition to the allowable number of dwelling units per net acre, except that the number of secondary dwelling units shall not be more than 10% of the total number of single-family attached and detached units.
(d)
For each affordable housing unit provided, one additional dwelling unit shall be permitted, up to a maximum 15% increase in dwelling units.
(2)
In mixed use areas:
(a)
The number of single-family attached and detached units permitted shall be five to eight dwelling units per net acre and the number of multifamily units shall be 15 to 40 dwelling units per net acre. An additional 10% of the permitted total of units is allowed.
(b)
Dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section, except that the total number of such units shall not be increased by more than 10% of the allowable total.
H.
Open space. At least 20% of the gross acreage of the TND must be open space. Open space may include undevelopable areas, such as steep slopes and wetlands, and stormwater detention/retention basins. Public open space shall be provided in accord with the requirements of Chapter 705, Subdivision of Land, the Comprehensive Plan and the Official Map.
I.
Stormwater management. The design and development of a TND should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to groundwater and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable.
J.
Lot standards and setback requirements.
(1)
Lot size. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs. The minimum lot size for single-family and two-family homes is 5,000 square feet. The minimum lot size for multifamily development is 2,250 square feet of lot area for each dwelling unit.
(2)
Building setbacks.
(a)
Mixed use area. Structures in the mixed use area require no minimum front or side yard setback, and commercial and civic or institutional buildings should abut the public sidewalk. Where commercial, civic or institution buildings abut properties planned for residential use, a setback of 20 feet shall be provided.
(b)
Mixed residential uses. Single-family detached residences shall provide a front yard building setback between zero and 25 feet. Single-family attached residences and multifamily residences shall provide a front yard building setback between zero and 15 feet.
(c)
The minimum side yard setback for all dwellings shall be not less than five feet. A zero side yard setback for one-family dwellings shall be allowed, provided that a reciprocal access easement is recorded for each lot and townhouse or other attached dwellings, and provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.
(d)
The minimum rear yard setback for all dwellings shall be not less than 20 feet.
K.
Circulation. The circulation system shall allow for different modes of transportation. The circulation system shall provide adequate traffic capacity, connected pedestrian and bicycle routes on streets and/or on dedicated paths, control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility. Where feasible, existing pedestrian and bicycle routes through the site shall be preserved and enhanced. Traffic calming features, such as queuing streets, curb extensions, traffic circles and medians, may be used to encourage slow traffic speeds. The TND should maintain the existing street grid, where present, and restore any disrupted street grid where feasible.
L.
Parking requirements. Parking areas for shared use should be encouraged. In addition:
(1)
In the mixed use area parking lots shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in Subsection N.
(2)
In the mixed use area a commercial use shall provide one parking space for every 500 square feet of gross building area.
(3)
Parking lots or garages shall provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.
(4)
Parking requirements for residential uses shall be met pursuant to Schedule IX.[1]
[1]
Editor's Note: Schedule IX is included as an attachment to this chapter.
M.
Architectural standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
(1)
New structures shall be no more than three stories for single-family residential or five stories for commercial, multifamily residential or mixed use.
(2)
The architectural features, materials and the articulation of a facade of a building shall be continued on all sides visible from a public street.
(3)
The front facade of the principal building on any lot shall face onto a public street.
(4)
Porches, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.
(5)
For commercial buildings a minimum of 50% of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.
(6)
Garages and secondary dwelling units. A detached garage and/or a secondary dwelling unit may be provided on a single-family detached residential lot in addition to an accessory building, provided that the garage and/or second dwelling unit does not exceed 750 square feet.
(7)
Exterior signage. A comprehensive sign program is required for the entire TND to establish a uniform sign theme. Signs shall share a common style (e.g., size, shape, material).
(8)
Guidelines for lighting. Streetlights shall be provided along all streets. Generally, more, smaller lights, as opposed to fewer, high-intensity lights, should be used.
N.
Landscaping, screening and parking design standards. Refer to § 720-79C (Area and access), E (Driveways) and F (Design and maintenance). Overall composition and location of landscaping shall complement the scale of the development and its surroundings.
(1)
Parking area landscaping and screening. All parking and loading areas fronting public streets or sidewalks and all parking and loading areas abutting residential districts or uses shall provide a landscaped area at least five feet wide along the public street or sidewalk. One tree for each 25 linear feet of parking lot frontage is required.
(2)
Required screening shall be at least three feet in height and it shall be at least 50% opaque throughout the year.
(3)
Maintenance and replacement of landscape materials shall be the responsibility of the property owner.
§ 720-38.1 Trash and recycling containers: nonresidential uses.
[Added 3-28-2018 by Ord. No. 3661]
Outdoor trash/recycling receptacles and dumpsters should be confined within an enclosed area located not less than five feet from any side or rear property line. No trash enclosure may be located within a front yard area. Wall height of the enclosure should be not less than six feet. The building materials of such enclosure should match and/or complement the materials of the principal building(s).
§ 720-38.2 Student housing.
[Added 11-28-2018 by Ord. No. 3680]
The construction of a new building(s), or the conversion or use of an existing building(s), for the use of student housing is permitted when associated with or affiliated to a university, college, or technical college. In addition to the standards for site plan approval described in § 720-12, the following standards will apply:
A.
One parking space for each occupant is required. In addition, one visitor/guest parking space for each 12 occupants is required.
B.
The open parking of vehicles is restricted to paved parking areas. Parking in any grass area or unpaved area is prohibited.
C.
No banners, pennants or similar temporary signs are permitted.
D.
Household furniture and similar items may not be stored outside of the building(s) or within any patio or yard area, regardless of duration.
E.
Use of a building(s) for temporary living accommodations for persons not enrolled as students may occur seasonally for the time period between the end of the spring academic semester and the beginning of the fall academic semester.
§ 720-38.3 Hotel.
[Added 11-28-2018 by Ord. No. 3680]
In addition to the standards for site plan approval described in § 720-12, the following will apply to a commercial property that is adjacent to or within 200 feet of a property zoned for residential use or used for residential purposes:
A.
The principal entrance to a hotel, and/or the accommodation for vehicular access for guest registration, shall be situated on the building elevation that does not face an adjacent residential property or a residential use.
B.
On-site parking spaces shall not be sited along a lot line that is adjacent to or directly visible to a residential property or residential use. Parking spaces shall be configured to prevent the light and glare of vehicle headlights onto a residential property.
C.
A solid eight-foot-high fence shall be constructed along a lot line(s) that borders property zoned for residential use or used for residential purposes. The fence requirement is in addition to the required landscape setback. Acceptable materials include decorative masonry, wood, or vinyl. The use of chain link fencing or similar materials is not permitted.
D.
The siting of an enclosure for trash and recycling receptacles is not permitted along a lot line that is adjacent to a residential property or a residential use.
E.
Wall signage, including lettering, corporate logos, decorative graphics, illuminated graphics, and illuminated sign bands, is limited to the main building facade that faces a public street.
F.
Roof lighting and building fascia and soffit lighting, including decorative neon tubing/lighting, is not allowed.
G.
Wall lights on a facade that faces a residential property or a residential use shall be placed within the first story area of the structure and positioned to avoid shine and/or glare onto nearby properties.
H.
Determination of distance. For the purpose of determining the distance between a commercial property and land that is zoned for residential use or used for residential purposes, the measurement shall be from the nearest lot line, that is the legal boundaries of a parcel of property, of the parcel upon which the hotel would be located and then along the nearest public street or streets to the nearest lot line of the use being measured.
§ 720-38.4 Veterinary clinic.
[Added 11-28-2018 by Ord. No. 3680; amended 8-28-2024 by Ord. No. 3797]
In addition to the standards for site plan approval described in § 720-12, the following will apply to a commercial property that is adjacent to or within 200 feet of a property zoned for residential use or used for residential purposes. A veterinary clinic may be allowed as a permitted use when such facility does not provide overnight inpatient care and/or boarding, provided: