Special purpose districts are established to address planning and land use issues and opportunities that go beyond the general purposes of the City's conventional zoning districts. They are narrowly constructed for the special purposes and unique circumstances defined in the purpose statement for each district and are only to be applied to the unique areas of the City that align with the stated purpose and siting criteria. The special purpose districts are as follows:

(1)

The Special Purpose-Residential Light Industrial (S-RLI) District is a mixed-use district, meaning that it is intended to encourage a mix of compatible land uses in a variety of locations and scales in order to preserve and enhance the vitality of the neighborhood. The overall intent for land uses in the S-RLI District is to allow the continuation and limited expansion of existing single- and two- family residential uses, to allow the addition of attached or accessory residential uses (live-work unit, dwelling in conjunction with a business, etc.) where they enhance the vitality of a commercial or industrial use, to allow very limited new residential uses, and to allow a carefully selected set of commercial and light industrial uses that will be compatible with the existing and anticipated housing in the area. Other compatible uses may also be allowed where they are consistent with the overall purpose of the District. Because of the wide range of uses particular to the S-RLI Mixed-Use District, careful site design and adherence to the applicable land use performance standards (refer to Article V, Division 9 of this chapter) are especially important. The S-RLI District is not an overlay zone, but rather completely replaces the underlying zoning where it is adopted. Overlay zones could then be applied in addition to the S-RLI District.

(2)

Siting criteria. The S-RLI District may be applied to neighborhoods with the following characteristics:

a.

A wide array of land uses, from single-family residential to commercial and light industrial, intermixed within close proximity to each other.

b.

Close proximity to an intensive industrial or manufacturing area imparting to the mixed-use neighborhood significant potential for commercial and industrial redevelopment over the long term.

c.

Signs of decline at the time of rezoning which might include blighted properties, increased crime, decreased owner-occupancy, and the like, that need to be immediately addressed for reasons of protecting public health, safety, and welfare and for stabilizing property values.

d.

Very old housing stock, much of which pre-dates zoning, but with a substantial proportion that has been well-maintained.

e.

Geographic isolation due to natural features and transportation corridors, such as arterial streets and railroads, which limit to some extent service provision and amenities.

(3)

In addition, the purpose of the S-RLI District is:

a.

To be applied as an intermediate measure due to the near-term infeasibility of public redevelopment. While redevelopment for commercial and light industrial uses remains as the long range plan, public funding is not available in the foreseeable future. Certain features of this district are intended to preserve the ability to allow for such redevelopment should it become feasible in the future while not penalizing the property owners that wish to continue using existing properties.

b.

To encourage home ownership and owner-occupancy by making existing single-family and two-family residential properties conforming uses that can be maintained and rebuilt subject to the requirements of this chapter, and in some cases, expanded. However, the S-RLI District does not affect the floodplain zoning (refer to Article XIII of this chapter) that may also apply. Structures and uses in the S-RLI District that are nonconforming due to the presence of floodplain must comply with the applicable floodplain zoning regulations.

c.

To encourage and preserve commercial and light industrial redevelopment as a long-term strategy by limiting new residential construction and by recognizing the right of commercial and industrial uses to operate within the established land use performance standards for glare, heat, vibration, noise, odor, air quality, explosion/fire hazard, waste discharge, and pollution.

d.

To support the vitality of the neighborhood by allowing for quality, affordable housing to be located within walking distance of employment opportunities.

e.

To encourage innovative site and building design that allows for a unique mix of land uses in a way that does not lead to land use conflicts.

(Code 1984, § 13.2101)

(a)

In general. Table 44-23, Principal Uses in the Special Purpose Districts, lists all permitted and conditional uses allowed in the special purpose districts.

(b)

Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this article. Persons wishing to establish or modify a permitted use, excluding existing single-family residential uses, shall obtain a zoning certificate for such use as specified in Article II of this chapter, Administration. Condominiums are permitted in all districts where residential uses are allowed per Wis. Stats. Ch. 703.

(c)

Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this article. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Article II of this chapter, Administration.

(d)

Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Article II of this chapter, Administration, governing determination of substantially similar uses.

(e)

Specific development standards. Permitted and conditional uses specified with an "X" under the development standards column shall be subject to the standards identified in this chapter and in Article XVI of this chapter, Land Use Development Standards.

Table 44-23. Principle Uses in the Special Purpose Districts

Note: P = Permitted Use; C = Conditional Use.

* Any establishment at which primarily alcohol beverages are served must also meet the requirements of Chapter 10, Businesses.

** See definitions section for list of uses.

(Code 1984, § 13.2102; Ord. No. 09-23, § 6, 5-16-2023)

The City of Green Bay permits properly conducted industrial operations. Owners of property and residents in areas zoned S-RLI should expect that they will be subject to conditions arising from such industrial operations. Conditions may include, but are not limited to, exposure to noise, lights, vehicle traffic including heavy trucks, occasional dust, occasional vibration, late and early hours of operation, and the like. The conditions described may occur as a result of any industrial operation which is in conformance with accepted customs, standards, laws, and regulations. Residents in areas zoned S-RLI should be prepared to accept such conditions as a normal and necessary aspect of living in an area with a history of industrial land uses and an active industrial sector. This policy does not exempt any land use from meeting the performance standards of this chapter, the prohibitions of the nuisance ordinance, the applicable conditions of site plan or permit approval, the applicable regulations of the WDNR or EPA, or any other applicable law.

(Code 1984, § 13.2103)

S-RLI District. Combination of uses may be allowed in the S-RLI District. If the principle or primary use is other than a one- or two-family residence, permitted and conditional uses may be combined on a parcel or within a building, provided that all uses meet all other applicable provisions of this article, including any specific development standards. Combination of uses where the principle or primary use of a parcel or building is a single-family or two-family residence is only permissible for the specific mixed uses allowed by this chapter: live-work unit or home-based occupation.

(Code 1984, § 13.2104)

(a)

Regulation of transitional land uses.

(1)

Residential lots resulting from new land divisions or lot combinations shall not exceed 10,000 square feet in order to preserve land for commercial and industrial uses.

(2)

The conversion of commercial or industrial buildings to residential is not permitted, except where a commercial or industrial use is maintained in the building and the residential use is permissible as a live-work unit or dwelling in conjunction with a business.

(3)

The conversion of commercial or industrial buildings to residential is not permitted, except that such a building with residential architecture may be approved for conversion back to a residential use with conditional use permit approval.

(4)

The conversion of residential buildings to allowed commercial or industrial uses may be permissible if the change in use complies with building code requirements and all other applicable regulations.

(b)

Expansion of existing residential uses.

(1)

Expansion of existing residential is limited to a maximum of 500 square feet (gross floor area) as a permitted use. A conditional use is required if larger.

(2)

Expansion of an existing residence shall not be permitted unless the existing structure is in good repair and in compliance with all applicable requirements of the building code. Expansion may be permitted concurrently with rehabilitation and improvements that will bring the entire structure into code compliance and a condition of good repair.

(c)

Definition and standards for new residential uses.

(1)

New residential use shall be defined as any of the following:

a.

Construction of a dwelling (regardless of the type) where the parcel had been vacant prior to April 25, 2009 (effective date of the ordinance from which this article is derived).

b.

Construction or rehabilitation of a dwelling where the existing dwelling has fallen into a state of disrepair to the point that it has been subject to a raze order issued by the City.

c.

Construction of a dwelling on a parcel that became vacant after the effective date of the ordinance from which this article is derived and remained vacant for more than 12 months.

(2)

Other residential uses not defined as new residential uses shall be defined as "existing" residential uses. It is intended that an existing residential use can be entirely reconstructed without losing its status as existing residential as long as the property is not vacant for more than 12 months, has not been subject to a raze order issued by the City, and can be modified, repaired, or reconstructed in compliance with all other applicable codes and ordinances.

(3)

New residential uses may only be granted a conditional use if the Plan Commission and Common Council find that:

a.

The residential use is located in a predominantly residential area.

b.

The residential use will not adversely affect commercial and industrial uses in the area.

c.

The residential use will not be subject to excessive noise, smoke, dust, noxious odor, toxic materials, safety hazards, or other adverse impacts from current or previous commercial or manufacturing uses.

d.

The residential use will not impair the future use or development of commercial and manufacturing zoning lots.

(4)

New residential uses shall fit in with the scale and design of surrounding residential uses.

(5)

A copy of the Right of Industry Policy shall be provided by the owner/seller to the buyer and occupants of new residential uses in advance of purchase and occupancy.

(6)

Consistent with the purpose of this district, owner-occupancy of new single-family and (at least one unit of) new two-family residential uses is preferred, but not required, and may be taken into consideration in deciding the conditional use.

(7)

For new single-family and two-family dwellings, the minimum building width on any side shall be at least 22 feet, not including any entryways or other structures that do not run the full length of the building.

(Code 1984, § 13.2105; Ord. No. 36-09)

(a)

Outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, public park, or residential property, in compliance with the screening requirements of this chapter.

(b)

Temporary retail display. Retail merchandise may be displayed on a temporary basis when accessory to a permitted or conditional use. Display areas may be located on the sidewalk immediately in front of the principal building or elsewhere on the site, provided that such display does not interfere with pedestrian or vehicle traffic in conflict with other sections of the Municipal Code or encroach upon landscaped areas. A temporary use permit shall be required, as specified in Article V of this chapter.

(Code 1984, § 13.2106)

(a)

Standards. Development of land within the S-RLI District shall follow these standards, as well as those specified in Article XVI of this chapter, Land Use Development Standards, and Article XIX of this chapter, Site Plan Review.

(1)

Nonresidential building materials. All nonresidential building facades shall be designed with architecturally-finished materials. Durable materials, such as masonry or stucco, shall be used on all street-facing facades.

(2)

All subsequent additions and outbuildings constructed after the erection of an original building or buildings shall be constructed of comparable materials and designed in a manner consistent with the original design, unless the entire building is being renovated.

(3)

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

(4)

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

(5)

Signs shall be placed so as not to obscure the architectural features of the principal building and shall be designed to be compatible in materials, size, and appearance with the principal building.

(b)

Buffers and screening. Due to the intensity of the mixed-uses in this district, buffering and screening are particularly important to manage potential land use conflicts. But because of the existing lot sizes and densities, space for buffering is very limited. For this reason, a screening approach is required as a minimum standard, but buffering is also permitted and encouraged. In order to require buffers or screens more frequently and to allow for narrower buffers that better fit the sites in this neighborhood, these regulations replace the landscape buffer requirements found in Section 44-1964 and the parking lot perimeter landscaping requirements found in Section 44-1966. Sections 44-1965, 44-1967, 44-1968, and 44-1969 still apply.

(1)

Screening is required around new development that involves a vehicle service use, a production, processing, and storage use, a transportation use, or a parking area for any nonresidential use, any of which that abuts a residential use on a separate parcel that is either directly adjacent or directly across the street or alley within the S-RLI District. The screening required under this section needs only to extend along those property boundaries where the residential use adjoins or is directly across the street or alley.

a.

In the application of this provision, "new development" is defined as any of the following:

1.

New construction or reconstruction of buildings or other structures.

2.

Expansion or structural alteration of buildings or other structures that are visible from residential property within the S-RLI District.

3.

Expansion or reconstruction of parking areas that are visible from residential property within the S-RLI District.

4.

Erection or replacement of mechanical equipment that is visible from residential property within the S-RLI District.

b.

Buffer or screen depth. No minimum depth is required, but where landscaping materials are used, the depth shall provide adequate space to sustain the long- term health and growth of the plantings (no less than five feet).

(2)

As part of the conditional use process, buffers or screens may be required around residential development that abuts commercial or industrial use on a separate parcel within the S-RLI District and that requires a conditional use permit (new residential construction or expansions that exceed 500 square feet).

(3)

Screen design.

a.

Screens shall consist of either a masonry wall, fence, berm, or hedge (or a combination of these) that forms a screen a minimum of four feet in height, a maximum of six feet in height, and not less than 90 percent opaque on a year-round basis. Screening located along front and corner side yards is limited to four feet in height and not less than 90 percent opaque on a year-round basis and which effectually blocks automobile headlights from trespass on adjacent property.

b.

Screens that include landscaping are encouraged where there is adequate space on the site, with at least one tree and five shrubs for every 50 linear feet recommended.

c.

Because buffers are not required in the S-RLI District, fencing, if used, shall be constructed of visually appealing materials that do not detract from the value of adjacent residential properties. Woven wire (i.e., chain link, cyclone, etc.) or sheet metal fencing are not permitted for screening. Any metal fencing used for screening shall be of a decorative variety. Board-on-board fencing, masonry walls, berms, and landscape buffers are preferred.

d.

Screening may be interrupted for necessary pedestrian and vehicle access.

e.

If a compliant screen is already present on the abutting property, the new screen on the subject property should complement the existing screen, and the requirements may be reduced accordingly. For example, back-to-back fences or walls are not necessary, but landscaping clusters may be added to enhance an existing berm, fence, or wall.

(4)

Proposed buffer/screen design shall be submitted on a site plan, and Community Development Review Team review may be required as determined by the Zoning Administrator.

(c)

Development outside S-RLI District. Note that the S-RLI District will be considered a residential district when determining whether development outside of this district but adjacent to a residential use must comply with the buffering requirements of Section 44-1697, 44-1964, or 44-1966.

(Code 1984, § 13.2107)

Parking and loading requirements for uses in the S-RLI District shall be as set forth in Article XVIII of this chapter, Off-Street Parking, Drives and Loading.

(Code 1984, § 13.2108)

Sign requirements for uses in the S-RLI District shall be as specified for the other mixed-use districts (OR, NC and TND) in Chapter 30, Signs.

(Code 1984, § 13.2109)

Lot area and setback requirements shall be as specified in Table 44-24.

Table 44-24. Dimensional and Area Requirements, S-RLI District

Notes to Table 44-24:

^a

The minimum building width on any side shall be at least 22 feet, not including any entryways or other structures that do not run the full length of the building.

^b

Where at least 50 percent of the front footage of any block (from intersecting street to intersecting street) is built up with principal structures, the front yard setback for new structures shall be equal to the average of the existing structures, except that any structure which is set back 20 percent more or less than the average may be discounted from the formula.

^c

Side yards are required only for dwelling units on the ends of townhouse buildings. Minimum size is one-half of the total distance shown in the table.

^d

Corner properties: The side facade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street. If no structure exists on the adjacent property, the setback shall be a minimum of one-half the required front yard setback of the subject property's zoning district.

^e

At least 60 percent of the front facade must fall between the maximum setback and minimum setback lines.

^f

Side and rear yards shall be required when a nonresidential use adjoins a side yard or rear yard of a residential property or as necessary to provide access for deliveries, loading, etc.

^g

Heights of structures may be increased with a conditional use permit as permitted in Section 44-83. Smokestacks, water towers, and similar structures may exceed the maximum height limit as specified by conditional use.

^h

Covered porches are permitted in the front setback compliant with the conditional use permit requirements found in Section 44-83.

ⁱ

Where required, side yards shall add up to a total of no less than 12 feet, but shall also be no less than 2½ feet on any one side.

(Code 1984, § 13.2110)

Accessory uses and structures in the S-RLI District shall comply with the following standards and all other applicable regulations of this article:

(1)

No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory.

(2)

The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served.

(3)

The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served.

(4)

The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served.

(5)

The accessory use or structure shall be located on the same zoning lot as the principal use or structure.

(Code 1984, § 13.2111)

The standards applicable to accessory buildings in the residential districts shall apply (Article VI of this chapter).

(Code 1984, § 13.2112)

(a)

Attached structures. An accessory structure shall be considered attached and an integral part of the principal structure when it is connected by an enclosed passageway or common wall. Such structures shall be subject to the following requirements:

(1)

The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located.

(2)

In no case shall the total floor area of an attached garage, carport, or other accessory structure exceed the ground floor area of the principal building located on the same lot.

(3)

The structure shall not exceed the height of the principal building to which it is attached.

(b)

Detached structures. Detached accessory structures shall be permitted in the S-RLI District in accordance with the requirements shown in Table 44-253 and as follows:

(1)

Detached accessory structures shall be located to the side or rear of the principal building and are not permitted within the required front yard or within a side yard abutting a street, except that a surface parking lot or structure may be located within a side yard.

(2)

The structure shall meet the required rear and side yard setbacks for a principal structure, as established for the zoning district in which it is located.

(3)

The total floor area of a detached accessory building shall not exceed the ground floor area of the principal building located on the same lot, except by conditional use.

(4)

No detached accessory building shall be located closer than three feet from the principal building. Distance between structures shall be measured from wall to wall.

Table 44-25. Permitted Accessory Uses in the S-RLI District

(Code 1984, § 13.2113; Ord. No. 36-09)