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Green Bay City Zoning Code

ARTICLE XVI

LAND USE DEVELOPMENT STANDARDS

Sec. 44-1579.- Development standards established.

Specific development standards are established as supplemental regulations that address the unique characteristics of certain land uses. The standards and conditions listed below apply to both permitted and conditional uses, in addition to all other applicable regulations of this article. Standards shall apply in all zoning districts where the use in question is allowed, except where specific districts are specified. Initial residential designs shall be submitted to the Community Development Review Team (CDRT), as established in Section 44-1890, to determine the compliance with the requirements listed below. In the event that an issue cannot be resolved between the applicant and the CDRT, the applicant will be directed to make application to the Plan Commission for review and consideration.

(Code 1984, § 13.1601)

Sec. 44-1580. - Residential uses.

(a)

Single-family detached dwelling in all residential districts.

(1)

No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard.

(2)

The primary entrance shall be located on the facade fronting a public street.

(3)

Single-family homes shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition.

(b)

Two-family dwelling, duplex in R-1 Residential Districts.

(1)

No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard.

(2)

Access to the second dwelling unit shall be either through a common hallway with one front entrance or by means of a separate entrance. The primary entrance shall be located on the facade fronting a public street.

(3)

New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no duplex shall be constructed and no single-family dwelling shall be converted to a duplex within a distance of 300 feet from any other two-family or multifamily dwelling located within the same block without a conditional use permit.

(4)

Duplexes shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Renderings of all buildings elevations designs must be complementary with the neighborhoods. This requirement shall only apply under the in-fill lot definition.

(c)

Two-family dwelling, semi-detached, in the R-1 and R-2 Residential Districts.

(1)

No parking shall be located in the front yard or between the front facade and the street except on a permitted driveway providing access to parking areas beyond the front yard.

(2)

If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street.

(3)

New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no semi-detached dwelling shall be constructed and no single-family dwelling shall be converted to a semi-detached dwelling within a distance of 300 feet from any other two-family or multifamily dwelling located within the same block.

(4)

Semi-detached dwellings shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Exact replication of attributes of existing buildings is not expected, but rather sensitivity to neighborhood context.

(d)

Single-family attached dwelling (townhouse) in the R-1 and R-2 Residential Districts.

(1)

A maximum of six units shall be permitted within a single building.

(2)

Townhouses shall have sufficient frontage per Table 44-2. No parking shall be located in the front yard or between the front facade and the street.

(3)

If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street.

(4)

New housing types should be introduced in limited quantities to increase diversity and housing choice, not to replace whole blocks of existing housing. Therefore, no more than one-quarter of the lineal frontage of a block may be converted to townhouse units, and no further townhouse development is permitted once this threshold is reached.

(5)

Townhouse units shall be designed to reflect the general architectural style of surrounding buildings on the block, including front yard depth, height and roof pitch, primary materials, facade detailing, and size and placement of window and door openings. Exact replication of attributes of existing buildings is not expected, but rather sensitivity to neighborhood context.

(6)

Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise of a minimum of 1,500 square feet per unit.

(e)

Single-family attached dwelling (townhouse) in the R-3 Residential District.

(1)

A maximum of eight units shall be permitted within a single building.

(2)

Townhouse dwellings shall have sufficient frontage per Table 44-2. No parking shall be located in the front yard or between the front facade and the street.

(3)

If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street.

(4)

Common open space for use by all residents or private open space adjacent to each unit shall be provided. Such open space shall comprise of a minimum of 1,500 square feet per unit.

(f)

Multiple-family dwelling in the R-2 Residential District.

(1)

No more than four units shall be permitted on a single lot.

(2)

No parking shall be located in the front yard or between the front facade and the street.

(3)

If the primary entrance of a structure is not facing the street, the Community and Economic Development Director may choose to require its location face a public street.

(g)

Carriage-house dwelling in all residential districts.

(1)

A carriage-house dwelling unit shall be located above a detached garage that is accessory to a single-family detached dwelling and located within the rear yard.

(2)

Any exterior changes or additions for a carriage-house dwelling shall be constructed of similar materials and shall be architecturally compatible with the main (principal) building.

(3)

The dwelling unit may not contain more than 30 percent of the total floor area on the zoning lot.

(4)

There shall be a total of no more than one carriage-house dwelling on a zoning lot.

(5)

The minimum lot area shall be 2,500 square feet greater than the minimum lot area required for the main (principal) building in the zoning district.

(6)

A detached garage with a carriage-house dwelling shall meet all requirements for accessory buildings. If walls of a carriage-house dwelling facing interior lot lines contain windows or other openings, the wall shall be set back at least four feet from the lot line.

(7)

There shall be an unobstructed walkway leading from the public street to the carriage-house dwelling.

(8)

At least one dwelling unit on the zoning lot shall be owner-occupied.

(9)

A site plan and a building plan shall be submitted to the Plan Commission at the time of application for review and approval.

(h)

Live-work unit in all residential districts.

(1)

The workspace component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

(2)

The dwelling unit component shall be located above or behind the workspace and shall maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street.

(3)

The office or business component of the unit shall not exceed 30 percent of the total gross floor area of the unit.

(4)

A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground/enclosed.

(5)

The size and nature of the workspace shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit on floor area would require the building to be classified as a mixed-use building.

(6)

The business component of the building may include offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit, or limited retailing (by appointment only) associated with fine arts, crafts, or personal services. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business, or auto service or repair for any vehicles other than those registered to residents of the property.

(7)

The business of the live-work unit must be conducted by a person who resides on the same lot. In no case shall the business employ more than two workers who live outside of the live-work unit.

(i)

Dwelling in conjunction with business in all industrial districts.

(1)

There shall be a total of no more than one dwelling in conjunction with business on a zoning lot.

(2)

The minimum lot area shall be 5,000 square feet greater than the minimum lot area required for the principal use in the zoning district.

(3)

Only an employee who is a watchman of the principal use, including their family, shall be permitted to reside in the dwelling unit.

(4)

Access to the dwelling shall be by means of separate individual entrance from that of the principal use. Said access shall be made available to the City's public safety agencies, such as EMS, police, and fire, and approved by the Common Council during conditional use permit review.

(5)

A total of two off-street parking spaces shall be provided for a live-work unit, located to the rear of the unit or underground/enclosed.

(6)

A site plan and a building plan shall be submitted to the Plan Commission at the time of application for review and approval.

(j)

Short-term rentals (STRs).

(1)

Advertising, including but not limited to, through a third-party, is prima facia evidence that the dwelling unit is used for a short-term rental. Prior to advertising or occupancy of a dwelling unit for use as a short-term rental, the following permits, registrations, and other information shall be obtained by the property owner or local representative:

a.

Proof of registration with the City of Green Bay Treasurer regarding Brown County room tax requirements.

b.

Proof of registration with the Brown County Health Department.

c.

A lease agreement example provided that includes language regarding compliance with parking, noise and other applicable City of Green Bay ordinances relevant to occupancy of the structure.

d.

Proof of condominium association approval if the property is part of one.

e.

Proof of approval from property owner if applicant is the local representative.

f.

City of Green Bay short-term rental permit (STRP).

(2)

An application for a short-term rental permit (STRP) may be an initial application or a renewal application, and shall be complete prior to submittal. STRP applications shall include all of the following:

a.

Initial application.

1.

Completed STRP application on a form established by the City.

2.

Application fee as provided in the City Fee Schedule.

3.

Proof of insurance.

4.

Documentation required in subsection (j)(1) of this section.

b.

Renewal of STRP. A STRP is valid for one year and shall expire on July 1 of the calendar year. A STRP not renewed prior to July 1 shall be deemed expired, and subject to the initial application requirements. Prior to July 1, a STRP may be renewed on an annual basis, provided that no material changes have occurred to the initial application, and shall meet the following standards:

1.

Proof of insurance.

2.

Necessary permits and proof of registration as required in subsection (j)(2) of this section.

3.

Renewal fee as provided in the City Fee Schedule.

4.

All required application material must be submitted at the same time. Applications that are not complete at submission will be returned to the applicant without processing.

(3)

The number of occupants in STRs shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable County and City of Green Bay housing regulations for residential structures based on the number of bedrooms within the unit.

(4)

STRPs are issued to a specific property owner, or local representative, of a short-term rental, referred to as the permit holder. STRs shall be immediately terminated when the permit holder sells or transfers the real property which was advertised or used as a short-term rental, except for a change in ownership where the title is held in survivorship or transfers on the owner's death.

(5)

Availability of STRs to the public shall not be advertised on site, except for as provided in subsection (6) below.

(6)

A STRP placard shall be visible from the street right-of-way on which the principal structure is addressed on. The placard shall contain the name and telephone number of the local representative responsible for managing short-term rental property.

(7)

STRs shall not violate any applicable conditions, covenants, or other restrictions on real property.

(8)

Alcohol may not be sold on site.

(9)

STRPs granted by the City are subject to review on a yearly basis during renewal. Additionally, STRs may be reviewed at any time when the Community and Economic Development Director or Plan Commission has reason to believe that the regulations are not being adhered to or that there are problems associated with the STRs that warrant review by the Plan Commission and the Green Bay Common Council. STRs may be revoked based on the findings of the Plan Commission. STRs denied by the Planning staff may be appealed to the Plan Commission and Common Council.

(10)

No recreational vehicle (RV), camper, tent or any other temporary lodging arrangement shall be permitted on site for the means of providing accommodations for occupants and/or guests of a short-term rental.

(11)

STRs shall comply with all requirements of this article and all applicable standards of this Code.

(12)

Violations. Failure to comply with the requirements above shall constitute a violation of the provisions of this section. Disturbances or nuisances caused by the tenants of an approved STR which violate this Code, including, but not limited to, outdoor events noise ordinances or state law, shall also constitute a violation. Penalties for each violation shall be imposed in an amount not to exceed $500.00, including court costs, and may result in permit suspension or revocation.

(Code 1984, § 13.1602; Ord. No. 9-09; Ord. No. 20-16; Ord. No. 12-23, § 1, 5-16-2023)

Sec. 44-1581. - Congregate living uses.

(a)

Rooming house, boarding house in all districts.

(1)

The operator shall submit a management plan for the facility and a floor plan showing sleeping areas, emergency exits, and bathrooms.

(2)

All new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(3)

An appropriate transition area between the use and adjacent property shall be required and to include landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(4)

A rooming house/boarding house may be considered a dormitory as defined and regulated within this Code.

(b)

Community living arrangements in all districts.

(1)

Intent. It is the intent and purpose of these regulations to avoid discrimination against disabled persons by maintaining the residential character and desirability of the neighborhoods in which community living arrangements may locate. These regulations are intended to avoid the undue concentration of community living arrangements, as such concentrations may alter the residential character and desirability of a neighborhood and thus defeat the purpose of providing community living housing opportunities in a residential neighborhood setting. It is the nature of community living arrangements as business operations within residential neighborhoods, not the disabled individuals who occupy community living arrangements, that necessitate these regulations. Such facilities impact a residential neighborhood like a "business operation" in that they may include higher levels of nonresident traffic due to staffing, shift changes, and various other service providers, may require state licensing, and may be subject to special regulations administrated by state agencies. The following standards are established consistent with Wis. Stats. § 62.23(7)(i).

(2)

No community living arrangement may be established within 2,500 feet of any other such facility except with a conditional use permit. Note that 2,500 feet is not a density standard or minimum separation distance, but rather is a determinant for whether the conditional use process will be applied.

(3)

Community living arrangements shall be permitted under the standard above as long as their total capacity within any aldermanic district does not exceed 25 or one percent of the population of that district, whichever is greater. When that capacity is reached, no additional community living arrangements shall be permitted within that district until their capacity is reduced or the district's population increases, thus changing the ratio.

(4)

Community living arrangements shall be permitted under the standards above as long as their total capacity does not exceed one percent of the City's total population. When that total capacity is reached, no additional community living arrangements shall be permitted within the City until their capacity is reduced or the City's population increases, thus changing the ratio.

(5)

Exceptions from conditional use permit process.

a.

In accordance with Wis. Stats. § 62.23(7)(i), in all cases where a community living arrangement has capacity for eight or fewer persons being served by the program, meets the criteria listed in subsections (b)(2) through (4) of this section, and is licensed, operated, or permitted under the authority of the Department of Health Services or the Department of Children and Families, that facility is entitled to locate in any residential zone without being required to obtain a conditional use permit.

b.

Adult family home or small group shelter care facility. All adult family homes or small group shelter care facilities which serve disabled residents are entitled to locate in any residential zone without being required to obtain a conditional use permit. All residents of the adult family home or small group shelter care facility, other than the operator or care provider and the operator or care provider's immediate family, shall be disabled persons, as defined by the required state license application.

(6)

In reviewing a conditional use permit for a community living arrangement, the Plan Commission and Common Council shall consider the following:

a.

The character and use of surrounding buildings, the density of nearby community living arrangements, and the potential impact of the proposed facility on the character and desirability of the surrounding neighborhood. Such facilities should not be permitted where proposed building architecture (assuming new construction) does not fit in with the surrounding neighborhood or where the density of such facilities (regardless of whether it is new construction or conversion of an existing building) will negatively impact the neighborhood.

b.

The proximity of the proposed facility to essential services and infrastructure such as police and fire protection, pedestrian paths, transit stops, park facilities, and the like. Such facilities should not be permitted where essential services or infrastructure are not present or planned for improvement or construction.

c.

Whether granting the conditional use permit will provide disabled persons with reasonable accommodation for housing as defined by the Americans with Disabilities Act (ADA) and Fair Housing Act-Amended (FHAA). Such facilities should not be denied a conditional use permit if they are needed to provide reasonable accommodation.

d.

Whether any conditions of approval are needed to address the compatibility of the use as a business operation with the character of the residential neighborhood. Such conditions shall not be discriminatory toward disabled residents of a community living arrangement.

(7)

Based on the resident capacity, community living arrangements shall provide adequate living space in compliance with the most restrictive of the dormitory standards of this article (subsection (c) of this section), Chapter 8, and applicable state administrative codes.

(8)

A community living arrangement may be considered a dormitory as defined and regulated within this Code.

(c)

Dormitory in all districts.

(1)

On-site services shall be for residents of the facility only.

(2)

The maximum number of persons occupying the building shall not exceed four per bedroom with 50 square feet of sleeping area per resident, except that more than four individuals may be allowed per room if all said individuals are related by blood, marriage, or adoption. Rooms shall consist of enclosed places having walls that extend from the ceiling to the floor and an entry door.

(3)

One bath and restroom facility for every eight individuals residing in the dormitory. The bath and restroom facility shall be located so that no individual is required to pass through a sleeping room other than their own in order to access the bath and restroom facility.

(4)

One kitchen and dining area for every ten individuals residing in the dormitory.

(5)

One laundry facility consisting of a minimum of one clothes washer, one clothes dryer, and a washbasin for every ten individuals residing in the dormitory.

(6)

One common use area/lounge of at least 600 square feet in size for relaxation and recreation of the occupants for every ten individuals residing in the dormitory.

(7)

If the dormitory use ceases for a period of 12 months or more, the conditional use approval will no longer be in effect. If construction and occupancy has not been completed and established within 12 months of the date of approval, the conditional use status of the property shall no longer be in effect. In the event of a natural disaster or emergency situation, as determined by the City of Green Bay, these regulations may be suspended for a term of not more than 12 months.

(d)

Fraternity, sorority.

(1)

The maximum number of persons occupying the building shall not exceed four per bedroom.

(2)

On-site services shall be for residents of the facility only.

(3)

If located outside of the campus boundary, the use shall be located in an existing structure designed and built as a single-family or two-family dwelling or a new structure that meets the height, density, and setback requirement for a two-family dwelling.

(4)

A fraternity/sorority may be considered a dormitory as defined and regulated within this Code.

(e)

Convent, monastery, seminary. The use shall be subject to the same requirements for maximum number of residents and minimum lot area as multifamily developments located in the same zoning district.

(f)

Nursing home, assisted living.

(1)

A facility that is located within a predominantly residential or mixed-use area shall have direct access to a collector or higher classification street.

(2)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(3)

The site shall contain a minimum of 150 square feet of greenspace per resident, consisting of outdoor seating areas, gardens, and/or recreational facilities. Public parks or plazas within 300 feet of the site may be used to meet this requirement.

(4)

An appropriate transition area between the use and adjacent property may be required and to include landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(5)

A nursing home may be considered a dormitory as defined and regulated within this Code.

(Code 1984, § 13.1603; Ord. No. 1-10; Ord. No. 9-15)

Sec. 44-1582. - Educational uses.

(a)

School, elementary or secondary.

(1)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(2)

An appropriate transition area, as required by this Code, between the use and adjacent property is required to include landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(3)

A facility that is located within a predominantly residential or mixed-use area shall have direct access to a collector or higher classification street.

(b)

College, university. Any new college or university or expansion of an existing college or university shall submit a master plan that shall describe proposed physical development for at least a ten-year period and shall include a description of proposed development phases and plans, estimated dates of construction, and anticipated interim uses of property.

(c)

School, specialty or personal instruction.

(1)

Except in the industrial districts, all activities shall be conducted within an enclosed building.

(2)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(3)

An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(d)

Adult/family daycare home.

(1)

Any daycare center must meet the requirements specified in the Bureau of Regulation and Licensing Manual, as well as other applicable codes.

(2)

The operator must reside in the dwelling unit in which the daycare home is located.

(e)

Group daycare center, preschool.

(1)

Any daycare center must meet the requirements specified in the Bureau of Regulation and Licensing Manual, as well as other applicable codes.

(2)

In all residential districts, the use may either be located in a nonresidential structure existing on the effective date of the ordinance from which this article is derived or designed and integrated into a new residential development but not located in a new freestanding nonresidential building.

(3)

A designated area shall be provided for short-term parking of vehicles for drop-off and pick-up of children. The designated area may be on-street or off-street but shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk.

(Code 1984, § 13.1604)

Sec. 44-1583. - Institutional and civic uses.

(a)

Clinic, healthcare facility in NC or OR District.

(1)

A facility that is located within a predominantly residential or mixed-use area shall have direct access to a collector or higher classification street.

(2)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(3)

An appropriate transition area between the use and adjacent property may be required and to include landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(b)

Community center; neighborhood center.

(1)

To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings.

(2)

An appropriate transition area, as required by this Code, between the use and adjacent property is required to include landscaping, screening, and other site improvements consistent with the character of the neighborhood.

(3)

A facility that is located within a predominantly residential or mixed-use area shall have direct access to a collector or higher classification street.

(c)

Cultural institution. Any use established after the effective date of the ordinance from which this article is derived shall be located with access to an arterial or collector street.

(d)

Hospital. Any new hospital or expansion of an existing hospital shall submit a master plan that shall describe proposed physical development for at least a ten-year period and shall include a description of proposed development phases and plans, estimated dates of construction, and anticipated interim uses of property. Any use established after the effective date of the ordinance from which this article is derived shall be located with access to an arterial or collector street.

(e)

Library. Any use established after the effective date of the ordinance from which this article is derived shall be located with access to an arterial or collector street.

(f)

Religious institution, place of worship. Any facility with seating capacity of greater than 600 persons in the sanctuary or main activity area shall be a conditional use. Such facility shall be located with access to an arterial or collector street.

(Code 1984, § 13.1605)

Sec. 44-1584. - Commercial uses.

(a)

Adult entertainment establishment.

(1)

No more than one adult entertainment establishment shall be located on any one parcel, and such establishment shall be at least 1,500 feet from any other adult establishment.

(2)

No adult establishment shall be permitted within 1,000 feet of the following:

a.

A residential or mixed-use district.

b.

An historic site or district identified on the National Register of Historic Places or by the Historic Preservation Commission as specified in this chapter.

c.

A public or private elementary or secondary school, licensed nursery school, or daycare center.

d.

A religious institution or place of worship.

e.

A public park or parkway.

(3)

Signs advertising any of the aforementioned adult uses shall conform with the requirements of Chapter 30, Signs, with the following exceptions:

a.

No tower or portable signs or billboards shall be permitted on the premises.

b.

Signs will inform only of the establishment name and address and will not depict human silhouettes or forms, specified sexual activities and/or specified anatomical areas, as defined in this Code.

c.

There shall be no flashing or traveling lights located outside of the building.

d.

The location and wording of such sign shall be shown on the site plan and submitted along with the request for conditional use.

(4)

Parking required under Article XVIII of this chapter, Off-Street Parking, Drives and Loading, of this chapter shall be provided in a lighted area. Location of parking shall be shown on the site plan and submitted along with the request for conditional use.

(5)

Lighting shall be provided so as to illuminate the entire exterior of the building. Lighting fixtures and levels shall be shown on the site plan and submitted along with the request for conditional use.

(6)

There shall be no display windows on the premises.

(7)

The owner and/or operator of the adult establishment shall agree to comply with all federal, state, and local laws and ordinances, including obscenity, liquor, and cabaret laws, and shall further ensure that minors are not permitted on the premises. Solicitation for purposes of prostitution shall be strictly prohibited.

(8)

In the case of adult cabarets, they shall be compliance with the provisions of this Code regulating noise, and the hours of operation for such establishments shall be limited to the same hours of operation for bars and taverns within that community within which the district is located.

(9)

The owner of the parcel upon which the adult entertainment use is to be established and the operator and owner of the establishment shall appear in person before the Plan Commission.

(b)

Animal boarding facility, kennel in all districts.

(1)

Animal boarding facilities shall be required to be soundproofed to ensure that the noise levels associated with the use do not interfere with the health, welfare, and safety of adjoining properties.

(2)

All runs, exercise areas, and enclosures/kennels shall be located within a completely enclosed building.

(3)

All provisions in Chapter 6 of the Green Bay Municipal Code shall be met.

(c)

Animal grooming establishment in all districts.

(1)

Animal grooming establishments shall be required to be soundproofed to ensure that the noise levels associated with the use do not interfere with the health, welfare, and safety of adjoining properties.

(2)

All runs, exercise areas, and enclosures/kennels shall be located within a completely enclosed building.

(3)

All provisions in Chapter 6 of the Green Bay Municipal Code shall be met.

(d)

Animal hospital, veterinary clinic in all districts.

(1)

Animal hospitals and veterinary clinics shall be required to be soundproofed to ensure that the noise levels associated with the use do not interfere with the health, welfare, and safety of adjoining properties.

(2)

Runs, exercise areas, and enclosures/kennels can be located outside in accordance with the Land Use Development Standards for commercial dog day care uses.

(3)

All provisions in Chapter 6 of the Green Bay Municipal Code shall be met.

(e)

Automobile sales/rentals.

(1)

The lot or area shall be provided with a permanent, durable, and dustless paved surface and shall be graded and drained so as to dispose of all surface water accumulated within the area.

(2)

Vehicular access to the outdoor sales/display area shall be at least 30 feet from the intersection of any two streets.

(3)

All repairs shall be conducted within a completely enclosed building.

(4)

The minimum lot area shall be 15,000 square feet. A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking.

(f)

Banks with drive-through facilities. See Drive-throughs under transportation and utilities.

(g)

Bed and breakfast.

(1)

Exteriors of pre-existing dwelling units shall retain the residential character of the building prior to conversion for use as a bed and breakfast.

(2)

The addition of exterior entrances for the purpose of serving guest rooms is prohibited.

(3)

Signs advertising the establishment are those permitted in residential districts.

(4)

Parking for guest renters shall be provided to the side or rear of the lot with landscaping and screening consistent with the regulation of this Code. Access to the guest parking area shall be from driveways from public streets. Use of alleys for guest parking is prohibited.

(5)

A bed and breakfast establishment may be considered a dormitory as defined and regulated within this Code.

(h)

Building material sales in mixed-use districts. Outdoor sales and storage shall be screened from any permitted or conditional residential use by a landscaped buffer strip at least ten feet in width and landscaped according to the standards of Article XIX of this chapter, Site Plan Review.

(i)

Campground. Any proposed campground shall submit a master plan that shall describe proposed physical development for a site and shall include a description of proposed development phases and plans, estimated dates of construction, and anticipated interim uses of property. Any campground established after the effective date of the ordinance from which this article is derived shall provide a minimum of five acres of land and be located with access to an arterial or collector street.

(j)

Carwash.

(1)

The carwash shall be completely enclosed when not in operation.

(2)

Any access drive shall be located at least 30 feet from any public street intersection, measured from the interior curbline commencing at the intersection of the street.

(3)

Any carwash line exit shall be at least 30 feet distant from any street line.

(4)

Sound from any speakers used on the premises shall not be audible at the boundary of any surrounding residential district or on any residential property.

(5)

Water from the carwash shall not drain across any sidewalk or into a public right-of-way.

(k)

Commercial dog day care and commercial business with dog area in all districts.

(1)

Facilities shall be soundproofed to ensure that the noise levels associated with the use do not interfere with the health, welfare, and safety of adjoining properties.

(2)

All overnight kennels shall be located within a completely enclosed building.

(3)

Total area requirements must allow for 100 square feet per dog. This area requirement per dog shall be calculated by using the total area that will be occupied by the dogs, including area within the building and outdoor play area.

(4)

For commercial dog day cares: Outdoor space must be completely fenced with a minimum six-foot high solid wooden (or other material approved by the Zoning Administrator, or their designee, which will absorb sound) fence with a lockable gate. The fence shall be no closer than 30 feet to any property used or zoned for residential use and no closer than 15 feet to any property used or zoned for nonresidential use. Use of outside space is limited to the hours of 7:00 a.m.—10:00 p.m. Outdoor space is prohibited in the front yard.

(5)

For commercial business with dog area: Outdoor space must be completely fenced with a six-foot high fence with a lockable gate. This fence shall be no more than 50 percent opaque (exemptions to opaqueness can be granted by the Zoning Administrator). The fence shall be no closer than five feet to any property line, walkway, or parking area. Use of outside space is limited to the hours of 7:00 a.m.—10:00 p.m.

(6)

Noise levels shall not exceed 65 decibels as measured at the property line adjacent to any property used or zoned for residential, office, commercial, institutional, or park use and 70 decibels as measured at the property line to any property used or zoned for industrial, storage, or transportation use.

(7)

Animal waste must be picked up immediately, bagged, and deposited in a sealed container to prevent odor from impacting neighboring properties. Animal waste containers must be stored at least 15 feet from any property line and meet all dumpster screening standards for commercial land uses.

(8)

Outdoor areas shall be supervised whenever dogs are present.

(9)

All provisions in Chapter 6 of the Green Bay Municipal Code shall be met.

(l)

Day labor agency. A waiting area for clients shall be provided which shall be available to clients one hour prior to the posted opening of the use and shall include toilet facilities.

(m)

Drive-through facility.

(1)

No drive-through window and menu board shall be located between the front façade of the principal building and the street.

(2)

Site design shall accommodate a logical, safe vehicle and pedestrian circulation pattern and shall not interfere with circulation or visibility for traffic either on or off site.

(3)

Alley access to drive-through lanes is prohibited on any block containing a residential or office-residence district, except for commercial deliveries when approved by the city engineer.

(4)

Drive-through canopies and other structures, where present, shall be constructed from the same materials as the primary building and with a similar level of architectural quality and detailing.

(5)

Drive-through aisles shall have a minimum ten-foot interior radius on curves and a minimum 12-foot width. For locations with multiple drive-through aisles, aisle width may be reduced to ten feet.

(6)

The width of a drive-through may be reduced to no less than ten feet provided an engineering analysis is submitted by a professional engineer and approval of the Fire Marshal.

(7)

Each drive-through facility shall clearly delineate the drive-through aisle and the direction of traffic flow by signs and pavement markings. Pedestrian crosswalks through the drive aisle shall be clearly marked where necessary.

(8)

Drive-through facilities shall include a minimum queuing space for three vehicles in advance of a menu board and three vehicles between the menu board and service area.

(9)

All drive-through facilities may be subject to a traffic impact analysis (TIA) per the review of the City Traffic Engineer.

(n)

Firearms sales and service in all districts.

(1)

Firearms sales and service establishments shall be protected by a security system, as found acceptable by the City of Green Bay Police Department.

(2)

All sales and service of firearms shall be conducted within a completely enclosed building.

(3)

All accessory uses, such as firing ranges and shooting galleries, if provided, shall be in completely enclosed buildings under circumstances that weapons can be fired so as not to endanger any person or property and that the projectile is protected from leaving the structure, as found acceptable by the Green Bay Police Department.

(4)

Firearms sales and service establishments shall meet all other requirements of this Code.

(o)

Garden supply store/greenhouse, commercial districts.

(1)

The storage or display of any materials or products shall meet all setback requirements of a structure.

(2)

All loading and parking shall be provided off-street.

(3)

The storage of any soil, fertilizer, or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses.

(p)

Garden supply store/greenhouse in mixed-use districts.

(1)

There shall be no exterior storage of bulk materials, such as dirt, sand, gravel, and building materials.

(2)

There shall be no growing of materials for sale on-site.

(q)

General retail in residential districts. A small general retail business may be combined with a residential use or conducted in a freestanding building of the traditional storefront type, provided the following conditions are met:

(1)

Maximum gross floor area devoted to the use shall not exceed 2,500 square feet.

(2)

The use shall occupy a corner property. Any freestanding building developed on such a property shall have a maximum setback of ten feet from each right-of-way line.

(3)

No retail or service business shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 300 feet from any other retail or service business. No more than one retail or service business shall be located within the same block.

(4)

Two off-street parking spaces shall be provided in addition to those required for any residential use. Off-street parking shall not be located between the principal building and the street.

(r)

Health clubs in all industrial districts.

(1)

Health clubs within industrial districts shall only be accessory to the primary permitted use and not be a primary use in themselves.

(2)

The health club shall be for employees of the principal use and not be open to the public.

(3)

The health club shall be accessed through a principal structure on-site and shall not be a stand-alone structure.

(rm)

Mail distribution facility in commercial districts.

(1)

This use should be approved only where more typical commercial uses are not expected to compete for the same space.

(2)

The intent for this use allowance is to have little to no external impacts and that the use and building are found to be compatible with the commercial environment. Such uses shall only be approved if they are found to have adequate parking and loading areas and to not have negative impacts on surrounding properties in terms of traffic, noise, odor, vibration, heat, glare, and the like. Impacts on any nearby residential uses will be considered, in particular.

(3)

Such uses shall fit with their surrounding context in terms of intensity and scale of the use, functional character, and architectural character. Such uses shall have a positive image from the street frontage.

(4)

Loading docks shall not be located on a building façade facing a public right-of-way. Loading docks shall be screened so as to minimize the visibility from any street.

(5)

Service areas shall be screened with an approved combination of berms, landscaping, and walls or fences architecturally complementary to the principal building.

(6)

Warehousing areas accessory to mail distribution shall be limited to 20 percent of gross floor area.

(7)

Retail areas accessory to mail distribution shall be limited to 40 percent of gross floor area.

(8)

Building size shall be limited to 20,000 square feet.

(9)

In addition to the required landscaping and buffering (Article 19, Division 5), fencing or a wall is also required on any rear or side yard and shall be 100 percent opaque and six to eight feet in height.

(10)

No outdoor storage shall be allowed.

(11)

The maximum driveway width at the property and setback line shall not exceed 30 feet. The maximum width of the driveway at curb or pavement line shall not exceed 40 feet.

(12)

Off-street loading spaces or zones shall be at least 50 feet from the property line when adjacent to residentially zoned property or property used for residential purposes.

(s)

Motor vehicle repair/service station in all mixed-use and commercial districts, as well as in the BP District.

(1)

All vehicle repairs shall be conducted in a completely enclosed building.

(2)

Inoperable and/or unlicensed vehicles or equipment typically stored or displayed in a salvage yard or junkyard shall not be visible to the public.

(t)

Outdoor commercial recreation area.

(1)

A minimum 25-foot setback area maintained as open space shall be provided along the perimeter of the site wherever it abuts a residential property.

(2)

If the use will be available to the general public, an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site.

(3)

The site shall be designed in such a way as to minimize the effects of lighting and noise on surrounding properties.

(4)

If the use will be available to the general public, ease of access to the site by automobiles, transit, bicycles, and pedestrians shall be considered as a factor in the review of any development proposal.

(u)

Personal service business in residential districts. A small personal service business may be combined with a residential use or conducted in a freestanding building of the storefront type, provided the following conditions are met:

(1)

Maximum gross floor area devoted to the use shall not exceed 2,500 square feet.

(2)

The use shall occupy a corner property. Any freestanding building developed on such a property shall have a maximum setback of ten feet from each right-of-way line.

(3)

No retail or service business shall be constructed and no residential building shall be wholly or partially converted to such a use within a distance of 300 feet from any other retail or service business. No more than one retail or service business shall be located within the same block.

(4)

Two off-street parking spaces shall be provided in addition to those required for any residential use. Off-street parking shall not be located between the principal building and the street.

(v)

Restaurants with drive-through facilities. See Drive-throughs under transportation and utilities.

(w)

Payday loan businesses and auto title loan businesses.

(1)

It is the purpose of this subsection to regulate the hours of operation on all payday loan businesses and auto title loan businesses. The majority of existing payday loan businesses and auto title loan businesses are located near residential areas where business hours may impact the residents of the area. Payday loan businesses and auto title loan businesses, like other financial businesses, do not provide services that must be available at hours other than normal business hours. This subsection is deemed for the benefit of the health, safety, and welfare of the public. No payday loan business or auto title loan business may be open between the hours of 9:00 p.m. and 6:00 a.m.

(2)

Payday loan businesses and auto title loan businesses allowed as a conditional use, provided no other payday loan business or auto title loan business is located within 5,000 feet, and no payday loan business or auto title loan business shall be allowed within 150 feet of any residential district.

(Code 1984, § 13.1606; Ord. No. 9-07; Ord. No. 20-09; Ord. No. 05-21, § 2, 4-20-2021; Ord. No. 09-23, § 5, 5-16-2023; Ord. No. 16-25, § 4, 7-15-2025)

Sec. 44-1585. - Production, processing, and storage uses.

(a)

Auto salvage.

(1)

Auto salvage uses shall be located on sites which are suitable from a topographic standpoint, so that development at the ground elevation up to a point 400 horizontal feet away will be adequately screened with fences and buffer areas surrounding the use.

(2)

All material not stored in a completely enclosed building shall be enclosed with a solid fence which is six to ten feet high and located on or inward from the established setback lines.

(3)

No materials shall be placed on the property that would exceed a height equal to the vertical plane extending from the top of the approved fence.

(4)

Hours of outside activity shall be limited to 7:00 a.m. until 8:00 p.m. and shall follow the City's noise regulations as detailed in Chapter 24.

(b)

Limited production and processing in commercial and downtown districts. Limited production and processing may be approved as a principal use in the D1, D2, C1, C2, and C3 Districts and may include wholesale and off-premises sales.

(1)

Such uses shall be considered permitted uses when they do not exceed 1,200 square feet of gross floor area and include a retail or office component equal to at least 15 percent of the floor area of the use.

(2)

Such uses may be approved with a conditional use permit when they are greater than 1,200 square feet but do not exceed 10,000 square feet of gross floor area; and if found by the Plan Commission and Common Council to be consistent with the following development standards:

a.

The intent for this use allowance is to encourage the adaptive use of existing downtown and commercial buildings and to encourage limited infill development of new structures. Such uses shall fit with their surrounding context in terms of intensity and scale of the use, functional character, and architectural character. Such uses shall have a positive image from the street frontage. While not necessarily required, preference will be given to locating such uses in existing buildings. In terms of functional character, such use in a D1 or D2 District, for example, should include display areas, a visible office presence, or some attraction or interaction with pedestrian traffic like a tour or retail outlet.

b.

The intent for this use allowance is to not displace viable retail, office, or other permitted commercial, residential, or mixed uses from the downtown or commercial districts. Limited production and processing uses should be approved only where more typical downtown or commercial uses are not expected to compete for the same space.

c.

The intent for this use allowance is for production and processing that have little to no external impacts and that are found to be compatible with the downtown or commercial environment. Such uses shall only be approved if they are found to have adequate parking and loading areas and to not have negative impacts on surrounding properties in terms of traffic, noise, odor, vibration, heat, glare, and the like. Impacts on any nearby residential uses will be considered in particular.

d.

Limited production and processing uses should be approved only when their location in a downtown or commercial district is necessitated or reasonably expected due to the presence of other elements of that same business in a downtown or commercial district, whether on-site or off-site, such as offices, retail sales, or consumption of finished products.

(c)

Self-service storage facility.

(1)

No commercial transactions shall be permitted other than the rental of storage units.

(2)

No more than one unit shall be accessed directly from the public street.

(3)

Plans for on-site circulation and driveway locations shall be reviewed as part of the conditional use review process. Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern.

(d)

Material recovery facility (minor).

(1)

No outdoor storage is permitted.

(2)

All portions of the operation shall be located within a building.

(3)

All applicable ordinances regarding noise and lighting shall be met within this Code.

(e)

Mail distribution facility in industrial districts.

(1)

Such uses shall fit with their surrounding context in terms of intensity and scale of the use, functional character, and architectural character. Such uses shall have a positive image from the street frontage.

(2)

Loading docks shall be screened so as to minimize the visibility from any street.

(3)

Service areas shall be screened with an approved combination of berms, landscaping, and walls or fences architecturally complementary to the principal building.

(4)

Warehousing areas accessory to mail distribution shall be limited to 40 percent of gross floor area.

(5)

Retail areas accessory to mail distribution shall be limited to 20 percent of gross floor area.

(Code 1984, § 13.1607; Ord. No. 8-09; Ord. No. 6-12; Ord. No. 16-25, § 5, 7-15-2025)

Sec. 44-1586. - Public service and utility uses.

(a)

Public safety/service facility.

(1)

Must provide parking, as set forth in Article XVIII of this chapter, Off-Street Parking, Drives and Loading.

(2)

Vehicular access to the site shall be from a collector or arterial street to ensure adequate traffic capacity.

(3)

Must provide pedestrian access to the site.

(4)

Transitional yards shall be required per Article XIX of this chapter, Site Plan Review, wherein the nonresidential site is considered a "nonresidential district" for purposes of establishing minimum setback distances from opposite and adjacent residential zoning districts.

(5)

A site plan showing site layout and front, side, and rear elevation drawings of the proposed building, as well as location and design of external signage and lighting, shall be furnished with architectural features specified in order to determine compatibility with uses permitted in this district.

(b)

Wireless communication facilities and/or support structures.

(1)

A proposal for new wireless communication facilities and/or support structures shall not be approved unless the Common Council finds that the telecommunications equipment planned for the proposed facilities cannot be accommodated on an existing or approved wireless communication support structure within a one-mile search radius due to one or more of the following reasons, as documented by a qualified and licensed professional engineer:

a.

The planned equipment would exceed the structural capacity of the existing or approved wireless communication support structure, and it cannot be reinforced, modified, or replaced to accommodate equivalent equipment.

b.

The planned equipment would cause interference affecting the usability of other existing or planned equipment at the wireless communication facilities and/or support structures.

c.

Existing or approved wireless communication support structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably.

(2)

Any proposed commercial wireless communication support structure shall be designed to accommodate both the applicant's antennas and comparable antennas for at least two additional users, as well as be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.

(3)

Design. Proposed or modified wireless communication facilities and/or support structures shall blend in with the surrounding environment, except as may be required by rules of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). Any associated utility buildings must also blend in with the character of the district in which it is located.

(4)

Setbacks. Wireless communication facilities and/or support structures shall conform to the setback requirements of the underlying zoning.

(5)

Signage. The use of any portion of wireless communication facilities and/or support structures for signs other than warning or equipment signs is prohibited.

(6)

Lighting. Wireless communication facilities and/or support structures shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the FAA or other federal or state authority for particular wireless communication facilities and/or support structures.

(7)

Security and landscaping. Ground-mounted equipment and utility buildings shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the character of the surrounding neighborhood. The base of the wireless communication support structure shall be secured so that it is not accessible by the general public.

(8)

Abandonment.

a.

All unused wireless communication facilities and/or support structures shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Plan Commission. If leased property, a copy of the signed lease which requires the applicant to remove the wireless communication facilities and/or support structures upon cessation of operations at the site shall be submitted at the time of application. In the event that wireless communication facilities and/or support structures are not removed within 12 months of the cessation of operations at a site, the wireless communication facilities and/or support structures may be removed by the City and the costs assessed against the property.

b.

Unused portions of wireless communication support structures above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a wireless communication support structure previously removed requires the issuance of a new conditional use permit.

(9)

Interference. The wireless communication facilities and/or support structures shall be shielded, filtered, and grounded in a manner consistent with FCC and Electronic Industries Association guidelines so as to minimize the possibility of interference with locally-received transmissions. Additionally, the owner of said facilities shall execute an agreement holding the City harmless for any interference.

(10)

Obstruction marking and airport zoning. All wireless communication facilities and/or support structures shall comply with the obstruction marking and lighting requirements of the FAA in cooperation with the FCC. Written verification from the FAA of its obstruction marking requirements is required.

(11)

Airport zone. If applicable, written verification of compliance with the Austin Straubel International Airport Zoning Ordinance is required.

(12)

Municipal sites. The siting and design of wireless communication facilities and/or support structures on municipal property shall be consistent with the character of the area and other zoning requirements. Facilities shall not be located in conservancy areas but may be located in active recreation areas, major playfields, municipal parks, and maintenance facilities. Any application for wireless communication facilities and/or support structures site within a park shall go before the Park and Recreation Committee, and applications for other municipal property shall go before the Improvement and Services Committee.

(13)

Existing wireless communication facilities and/or support structures. Any structural modification to existing wireless communication facilities and/or support structures must meet the requirements set forth in this section.

(14)

Data sharing. The following data shall be submitted to the Planning Department and updated in a timely manner:

a.

Parcel number and address where the wireless communication facilities and/or support structures are to be located.

b.

Wireless communication support structure owners' and agents' contact information.

c.

Number of tenants using wireless communication support structure and lease space available.

d.

Wireless communication facilities and/or support structures elevations (in feet).

e.

Wireless communication support structure type (monopole, lattice, etc.) and antenna technology on structure (cellular, PCS, etc.).

(Code 1984, § 13.1608)

Sec. 44-1587. - Accessory uses; home-based occupations.

(a)

Home-based occupations may include small professional offices, service establishments, musical instruction, or home crafts which are typically considered accessory to a dwelling unit.

(b)

A home-based occupation shall not involve the conduct of a retail or wholesale business, a manufacturing business, a commercial food service requiring a license, or auto service or repair for any vehicles other than those registered to residents of the property.

(c)

A home-based occupation shall be carried on wholly within the main building or within a permitted accessory building.

(d)

Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory buildings, or the property itself shall be prohibited.

(e)

No person other than residents of the principal dwelling may be employed in the home-based occupation.

(f)

Service occupations shall serve no more than two parties at a time where a party is defined as one client or a group of no more than four individuals representing one client. A party is also defined as one family.

(g)

There shall be no exterior storage of equipment or supplies associated with the home-based occupation. Neither an enclosed trailer nor an open trailer that is empty shall be considered "equipment" and may be parked outside in compliance with Section 44-1747(f).

(h)

The required off-street parking area provided for the principal use shall not be reduced or made unusable by the home-based occupation. There shall be parking of no more than one motor vehicle (not exceeding 10,000 pounds) associated with the home-based occupation, and parking of vehicles and trailers shall comply with Section 44-1747(f).

(i)

There shall be no indication of offensive noise, vibration, smoke, dust, odors, heat, or glare at or beyond the property line.

(j)

The operation of the home occupation, as it is apparent to adjacent residential uses, shall begin no earlier than 7:00 a.m. and end no later than 9:00 p.m.

(k)

Shipment and delivery of products, merchandise, or supplies shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. and shall occur only in single rear-axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods.

(l)

A home-based occupation may have an identification sign conforming to the standards for signs in residential districts, as specified in Chapter 30, Signs.

(m)

The use of a dwelling unit for a home-based occupation shall be clearly incidental and subordinate to its use for residential purposes by including no more than 25 percent of the habitable floor area of the dwelling unit in the conduct of the home-based occupation.

(n)

Any home-based occupation that exceeds the standards of this section is permitted only through a conditional use permit, as outlined in Article II of this chapter, Administration.

(o)

No home-based occupation shall be permitted or approved as a conditional use that is found to impair the character of the residential neighborhood or that is found to pose a risk to health or safety in excess of that which is common to a residential neighborhood. Examples of such conditions may include, but are not necessarily limited to, the following:

(1)

Business activities or uses that generate excessive traffic relative to the type of street that it fronts upon and the level of traffic that existed prior to the home-based occupation.

(2)

Business activities or uses that regularly require parking on the street.

(3)

Business activities or uses that involve the presence of nonresident individuals from potentially dangerous populations such as individuals under arrest, on parole, under extended supervision or probation, or registered as sex offenders.

(4)

Business activities or uses that create a greater risk of disease, fire, explosion, or other hazard.

(Code 1984, § 13.1609; Ord. No. 36-09)

Sec. 44-1588. - Development standards—Self-service storage units.

(a)

No unit shall not have an individual external entrance; instead, units shall share common entrance and internal hallways.

(b)

The self-service storage use shall not exceed 30 percent of the total floor area of a building.

(c)

The approved site plan and building plan shall delineate the extent of the self-storage use.

(d)

A principal permitted use shall be established prior to creation of a self-storage accessory use.

(Code 1984, § 13.1612; Ord. No. 2-15)

Sec. 44-1589. - Development standards—Community gardens.

(a)

All community gardens are to meet or exceed the following development standards:

(1)

Site users shall have an established set of operating rules addressing the governance structure of the garden, maintenance and general responsibilities. The name and telephone number of the garden coordinator and a copy of the operating rules shall be kept on file with the Community Services Agency. Hours of operation are limited to sunup/sundown. The entire site shall be maintained in a manner, including noise and odors, so that it does not become a nuisance in any way.

(2)

The cultivated area shall have a minimum setback of five feet from all property lines. Dead garden plants shall be removed regularly and no later than November 15 of each year. Plants intended for pollination habitat and perennial plans may remain. Weeds, grass, undergrowth and uncultivated plants shall not exceed a height of nine inches. Any exposed cultivated areas shall be stabilized with a natural ground cover such as mulch, leaves, hay or other natural cover during the non-growing seasons.

(3)

No more than two accessory structures, such as a storage shed and/or greenhouse, shall be permitted and may not exceed 150 square feet per structure. Such structures may not be located in a required front yard, five feet from a side and rear property line and not exceed ten feet in overall height. Other related uses such as benches, raised/accessible planting beds, compost or waste bins, water tank enclosure, garden kiosk, picnic tables, garden art, and children's play areas shall be permitted no closer than five feet from a property line and shall be less than three feet in height within any required front yard setback. Impervious coverage shall not exceed 20 percent of the lot area.

(4)

A site plan shall be submitted in compliance with Article XIX of this chapter. The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

(5)

Fences shall comply with the standards of Section 44-450.

(6)

Signage is limited to one sign per street frontage not to exceed 25 square feet per sign, compliant with the standards found in Section 30-5.

(b)

Prohibitions.

(1)

Keeping of chickens and animal husbandry.

(2)

No commercial uses permitted beyond retail sales of harvested crops produced on-site.

(3)

Use of heavy cultivation equipment and electric generators as part of day-to-day activity.

(4)

On-site parking and driveway cuts.

(5)

Temporary on-site restrooms not longer than five days.

(Code 1984, § 13.1613; Ord. No. 10-15)