Fox Point Village City Zoning Code
§ 745-18
D Business District.
Intent. This section is adopted for the promotion of the public health, safety and welfare such as to provide for adequate light, pure air, safety and ample parking facilities. It is intended that the uses specified in Subsection C shall be permitted, and the uses specified in Subsection D shall be conditional. It is further intended that site plan review is required for all conditional uses, per Subsection D(2)(e), and site plan review is required for all permitted uses and conditional uses when exterior work is proposed per Subsection E and § 745-19.
[Amended 6-11-2013 by Ord. No. 2013-04]
In a D Business District, no building, structure or premises shall be used nor shall any building or structure be erected, altered or enlarged except as provided below.
Permitted uses. The following uses are permitted in the D Business District:
Business offices, defined as follows. A business office is use of a tenant space or building solely for administrative functions of an organization, with no retail or wholesale sales or services on site.
Computer services, defined as follows: "computer service" is use of a tenant space or building for repair, maintenance and ancillary sales of computers, computer components, computer hardware and computer software, for retail customers.
Financial service institutions, defined as follows. Financial services institutions are banks, savings banks, savings and loan associations, credit unions, and trust companies, as further defined and regulated by Chapter 404, Wisconsin Statutes, titled "Uniform Commercial Code - Bank Deposits and Collections," specifically excluding payday loan businesses, licensed lenders, pawnbrokers and community currency exchanges that are subject to licensure under § 138.09, 138.10 or 218.05, Wis. Stats., and institutions similar thereto.
Offices of trade and professions licensed by a governmental agency, subject to the following limitations. For purposes of this subsection, trade offices are the use of a tenant space or building by an electrician, plumber, carpenter or person in a similar building or construction trade that provides licensed services off site within the Village and its environs. For purposes of this subsection, professional offices are the use of a tenant space or building by an architect, dentist, doctor, lawyer or other licensed person that offers services to people within the Village and its environs by a person with a degree from a four-year college or university that is listed on the U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs, or subsequent educational degree from such an institution, in a field closely related to the service offered.
Conditional uses.
Uses. The following uses can be allowed by conditional use permit in the D Business District, pursuant to the conditional uses procedures described below:
Bowling alleys.
Dance, music or physical health studios.
Gasoline service stations.
Greenhouses.
Hotels and motels.
Premises licensed to sell alcoholic beverages.
Restaurants except drive-ins.
Retail and services stores except commercial sale or purchase of guns.
Schools and day-care centers.
Television, video and photo production studios.
Theaters, except outdoor theaters.
Video game arcades.
Wholesale office or sample rooms.
Other uses found to be substantially similar uses to those listed here by the Village Plan Commission.
Application. The applicant shall furnish on an application provided by the Building Inspector for referral to the Plan Commission the following information:
Name and address of owner and/or operator.
The specific interest of the applicant in the property. If the applicant is not the owner, all owners must be listed and sign as co-applicants.
Address and legal description of site.
Current survey of site showing existing improvements, if any.
Site plan of proposed project and, if requested, appropriate elevations, building and landscape information.
Fee. The applicant shall pay a fee set by the Village Board from time to time.
Plan Commission recommendation. The Village Plan Commission shall review the application and make recommendations to the Village Board on the following areas:
Whether there will be compliance with all other provisions of this chapter, including Subsection F of this section, except if the project is deemed to be of superior quality by the Plan Commission. Then, in such cases, the front setback shall not be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes;
Whether the approval of the application would impede the normal and orderly development and improvement of the adjoining properties or properties in the same D Business District;
Whether adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;
Whether adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets;
Whether there will be compliance with all other applicable laws and regulations;
Whether traffic entering or exiting the site is likely to endanger safety or cause congestion on nearby streets.
Conditions. Conditions which may be imposed as deemed necessary by the Village Board shall include:
Commencement, staging and completion dates.
Types of construction.
Landscaping.
Planting or other screening.
Parking.
Fencing.
Lighting.
Hours of operation.
Front, rear and side yard setbacks and whether parking within them is permitted.
Operational plan.
Highway access and loading provisions.
Traffic circulation.
Highway dedication.
Deed restrictions.
Sureties.
Signs.
Noise control.
Public hearing. A public hearing may be held by the Village Board in the event of a favorable recommendation by the Village Plan Commission to consider the application, the recommendations of the Village Plan Commission, and other pertinent information.
Village Board action. After any public hearing, and after approval by the Village Board, the Village Board may authorize the Village staff to issue a conditional use permit with or without conditions after finding such conditional use or structure is in accordance with the purpose and intent of this section and any conditions shall be attached to the permit.
Inspection. To ensure that the applicant has fulfilled the conditions for operation agreed to and made part of the conditional use permit, the Building Inspector may conduct a review within six months after the grant of the occupancy permit and report to the Plan Commission. If conditions are not being met, the Plan Commission shall do one of the following three: grant a continuation of time to achieve compliance, recommend a modification of the conditions, or recommend rescission of the conditional use designation to the Village Board. After the formal review period, the Building Inspector is empowered to review the subject Conditional Use at any time to ensure that the original conditions imposed on the use are being met. Failure to meet all conditions of the permit shall be cause for rehearing of the permit before the Plan Commission at which time the Plan Commission may recommend and Village Board approve or deny continuation of the conditional use.
Limited exception for minor interior work. Separate conditional use approval is not required for an alteration to an existing building, structure or premises, if all of the following conditions are met:
The use has been conditionally permitted by prior action of the Village Board;
The approved use will not change as a result of the alteration;
No prior alterations have been made since the date of the Village Board's approval of the use.
Plan review. To encourage a business environment that is compatible with the residential character of the Village, building permits that include any exterior work regarding permitted principal uses and conditional uses in the D Business District shall not be issued without site plan review and approval by the Village Board, pursuant to Subsection F of this section.
Regulation. In a D Business District, no building may be erected, enlarged or altered except in conformity with the following:
Final site plans shall be submitted to and be subject to approval by the Village Board before a building permit shall be issued. Said site plans shall show the following: drainage, the location of all buildings, fences, walls, signs, lighting, installations, landscaped areas, off-street parking, and loading areas, the arrangement of internal and in-and-out traffic flow, and the relationship to immediately abutting streets and other property, all to be in conformity with the provisions of this chapter and other ordinances of the Village, and also in accordance with the following general principles as determined by the Village Board:
The Village Board may choose to rely on the following considerations, without limitation:
Buildings should not have a design or exterior appearance which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.
Buildings should not have a design or exterior appearance which is so identical with those adjoining as to create excessive monotony or drabness.
Buildings should not have any exposed facade that is not constructed or faced with finished materials which are aesthetically compatible with the other facades, and building facades should present an attractive appearance to the public and to surrounding properties.
The facade which faces upon a street right-of-way should be finished with aesthetically pleasing materials.
The relative proportion of a building to its neighboring buildings, to pedestrians and observers, or to other existing buildings should be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.
Building rooflines and roof shapes. The visual continuity of roofs and their contributing elements (parapet walls, coping, and cornices) should be maintained in building development and redevelopment.
Since the selection of building colors has a significant impact upon the public and neighboring properties, color should be selected in general harmony with existing neighborhood buildings.
No building or sign should be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area, or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
No building or use should have a negative impact on the maintenance of safe and healthful conditions in the Village.
No articles, goods, material, finished or unfinished product, incinerators, storage tanks, refuse containers, or like equipment should be kept outdoors, exposed to public view, or exposed to view from adjacent buildings and property. Garbage and refuse containers should be screened from the street and from neighboring facilities. The Village Board may permit the outdoor display of product or merchandise upon finding that such display is essential to a business use.
Buildings and uses should serve to implement the Village's existing and planned stormwater drainage systems.
Buildings and uses should provide for safe traffic circulation and safe driveway locations.
Buildings and uses should provide adequate parking and loading areas. No loading dock or overhead door shall face upon a street right-of-way unless a determination is made by the Village Board to allow the same due to extraordinary circumstances.
Buildings and uses should be provided with adequate public services as approved by the appropriate utility.
Buildings and uses shall make appropriate use of open spaces and the Village Board may require appropriate landscaping and planting screens.
No building shall exceed two stories in height, excluding spires, towers, roofs or other architectural embellishments not usable for business purposes, provided that a balcony or mezzanine floor shall be considered as a story.
No such permitted building shall be closer than 20 feet to any adjoining residence district, or closer than 10 feet to any lot line except in the case of "row" type buildings, where by mutual consent common walls are provided between adjoining buildings.
Every building shall be set back from the center line of each adjoining street or area reserved for highway purposes, or any extension or separated portion thereof hereafter established, not less than the street setback specified upon the Official Zoning Map; provided, however, that no setbacks will be less than 15 feet plus 1/2 the width of the abutting road or area reserved for highway purposes.
Unenclosed storage of merchandise, cartons, equipment, refuse or any other item which might detract from cleanliness, neatness and general attractiveness of the surrounding area shall not be permitted on the premises. Any enclosure provided for such purpose shall be subject to approval of the Building Inspector.
Off-street parking and loading areas shall be provided as follows:
At least five parking stalls for automobiles shall be provided for each 1,000 square feet of gross area of a building exclusive of storage areas.
The dimensions for parking spaces and aisles shall be as follows:
Ninety-degree-angle parking, two-way traffic: stalls nine feet by 19 feet; aisles 25 feet wide.
Sixty-degree-angle parking, one-way traffic: stalls nine feet by 21 feet; aisles 18 feet wide.
Forty-five-degree-angle parking, one-way traffic: stalls nine feet by 20 feet; aisles 14 feet wide.
Ninety-degree-angle parking, one-way traffic: stalls nine feet by 19 feet; aisles 22 feet wide.
In addition to the required parking stalls, adequate driveways or space required for movement of automobiles on such parking area shall be provided.
A lesser or greater number of parking stalls may be recommended by the Plan Commission on taking into consideration the location of the parking area, the type and use of building which the parking area is to serve, and other parking areas available in close proximity to the area being considered. Such recommendation will be effective only on approval by the Village Board.
Such off-street parking area shall be surfaced and maintained reasonably dustless in accordance with standards prescribed by the Director of Public Works/Village Engineer and shall be adequately lighted when in use. In no case shall any portion of the paved parking area be closer than 20 feet to any adjoining residence district or to any street line lying between the business district and residence district, and said 20 feet shall be landscaped and maintained in an attractive manner.
An off-street parking area, in addition to the defined off-street parking area, having an area at least 10 feet wide by 25 feet long and with a minimum fourteen-foot height clearance shall be provided for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of building area used for commercial purposes.[2]
Vehicular access driveways shall be subject to the following regulations:
The location and design of all vehicular access driveways from the public street to the premises shall be approved by the Director of Public Works/Village Engineer on the basis of providing reasonable service to the premises with the minimum interference to the normal, safe, and efficient movement of traffic and avoiding possible nuisance or adverse effect on the surrounding residential area.
No vehicular access drives shall be permitted along that portion of a street where the opposite frontage is zoned exclusively for residential purposes, except where no other access is possible.
Adequate screening shall be provided under the circumstances and in the manner as follows:
Screening shall be provided along any property line adjoining a property zoned in a Residence District, and along that portion of a street where the opposite frontage is zoned in a Residence District.
Such screening shall be of such a nature as to attractively and effectively screen from ordinary view the commercial operation and shall be subject to approval of the Director of Public Works/Village Engineer.
If the screen is composed entirely of plant materials, it shall be of sufficient initial depth and height and of such plant varieties as to provide adequate visual screening within no more than two years and during all seasons of the year.
Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such fence or wall to create an attractive view from the residential side. Any wall or fence shall be not less than four feet nor more than six feet in height.
Where the screen is for a parking area, it shall be sufficiently opaque to prevent the penetration of headlight glare.