Editor's note— Ord. No. 2014-10, § 1, adopted Sept. 22, 2014, amended Div. 7 in its entirety to read as herein set out. Former Div. 7, §§ 50-477—50-480, pertained to Exclusive Agricultural (A-1) Zoning District, and derived from Comp. Ords. 2000, §§ 17.09(1)—(4); and Ord. No. 2006-04, §§ 8, 9, adopted Jan. 23, 2006.

DIVISION 17. - NEIGHBORHOOD COMMERCIAL (B-3) ZONING DISTRICT[7]

Footnotes:

--- (7) ---

Editor's note— Ord. No. 2010-20, § 1, adopted Aug. 23, 2010, amended div. 17 in its entirety and enacted similar provisions as set out herein. The former div. 17 derived from Comp. Ords. 2000, §§ 17.25(1)—17.25(10); Ord. No. 2004-32, § 1, adopted Oct. 25, 2004; Ord. No. 2007-15, § 4, adopted March 26, 2007; and Ord. No. 2009-5, § 2, adopted Feb. 23, 2009.

Sec. 50-316.- Districts established.

For the purpose of this chapter, the village is hereby divided into the following zoning districts:

(1)

Single-family (R-1).

(2)

Single-family-duplex by subdivision (R-2).

(3)

Duplex (R-3).

(4)

Multifamily (R-4).

(5)

Rural estate (R-5).

(6)

Exclusive agricultural (A-1).

(7)

Business (B-1).

(8)

Highway commercial (B-2).

(9)

South Cardinal Lane business (B-3).

(10)

General industrial (I-1).

(11)

Industrial park-business (I-2).

(12)

Industrial park-light industry (I-3).

(13)

Industrial park-heavy industry (I-4).

(14)

Existing industrial (I-5).

(15)

Industrial park-corporate headquarters (I-6).

(16)

Planned development (PD).

(Comp. Ords. 2000, § 17.03(3))

Sec. 50-317. - Official zoning map.

The official zoning map shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the village president and village clerk. A certified copy of such map shall be available to the public for reference and/or sale in the office of the village clerk and may be referred to in this chapter as the zoning map.

(Comp. Ords. 2000, § 17.03(4); Ord. No. 2011-5, § 1, 2-14-2011; Ord. No. 2011-12, § 1, 6-27-2011; Ord. No. 2011-13, § 1, 6-27-2011)

Sec. 50-318. - Zoning district boundaries.

The following rules shall apply with respect to the boundaries of the various zoning districts as shown on the zoning map:

(1)

Boundary lines. Zoning districts shall be bounded by lot lines, property lines, right-of-way lines, section lines, division of section lines, tract lines, centerlines of roads, streets and highways, or such lines extended unless otherwise indicated.

(2)

Zoning map dimensions. In areas not subdivided into lots and blocks, wherever a zoning district is identified as a strip or tract of land adjacent to and paralleling a street or highway, the depth of such zoning district shall be in accordance with dimensions represented on the zoning map measured at right angles to the centerline of the abutting street or highway, and the length of frontage shall be in accordance with dimensions represented on the zoning map measured from section lines, quarter section lines, division lines, centerlines of streets and highways, or railroad right-of-way lines, unless otherwise indicated.

(3)

Extension of regulations. Where more than one zoning district is identified on a lot in single ownership on the effective date of the ordinance from which this chapter is derived, the village board of appeals may, after due hearing, extend the regulations of one such zoning district to the remaining portions of such lot.

(Comp. Ords. 2000, § 17.03(5))

Sec. 50-319. - Exempted uses.

(a)

Unless otherwise specifically regulated in this chapter, the following uses and buildings are exempted and permitted in any zoning district except for the Exclusive Agriculture Farmland Preservation District (A-1.):

(1)

Fire stations, police stations and municipal administration buildings;

(2)

Public road rights-of-way and improvement projects;

(3)

Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other equipment and buildings for the following:

Electric power;

Gas;

Water;

Sewer;

Telephone;

Communication; and

Other public utility services.

Provided that such installations and buildings shall conform to the rules and regulations established elsewhere in this chapter and of the Federal Communications Commission, Federal Aviation Administration, and other authorities having jurisdiction.

(b)

Alternative energy sources and radio and television transmission and receiving antennas and towers, however, shall be subject to the general provisions specified in this chapter and the zoning district regulations prescribed for such uses.

(Comp. Ords. 2000, § 17.03(6); Ord. No. 2014-20, 12-22-2014)

Sec. 50-342.- Uses.

The following uses are allowed in the single-family (R-1) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted uses in the single-family (R-1) zoning district:

Accessory buildings and uses. Subject to the regulations specified in division 3 of article V of this chapter.

Community living arrangements serving eight or fewer persons.

Detached, single-family dwellings.

Duplexes existing on or before May 20, 1986.

Golf courses (but not including driving ranges, pitch and putt establishments, or miniature golf courses).

Nursery schools, elementary schools, and junior and senior high schools (nonboarding).

Parks and playgrounds.

Public libraries.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter. The following uses are conditional uses in the single-family (R-1) zoning district:

Agriculture.

Bed and breakfast establishments.

Colleges, junior colleges, and universities.

Community living arrangements serving nine or more persons.

Community (noncommercial) recreational buildings.

Elementary and junior and senior high schools (boarding).

Manmade ponds and lakes.

Other accessory buildings and uses as specified in division 3 of article V of this chapter.

Philanthropic and charitable institutions.

Planned developments.

Public art galleries and public museums.

Public utility, governmental and service uses, except as specifically exempted in section 50-319.

Radio and television stations, transmitting and receiving equipment, and antenna towers.

Religious institutions, religious retreats, convents, seminaries, monasteries, rectories, parsonages and parish houses.

Vocational schools.

Day care center, group.

(Comp. Ords. 2000, § 17.04(1); Ord. No. 2013-04, § 1, 4-22-2013)

Sec. 50-343. - Lot size regulations.

Lots in the single-family (R-1) zoning district shall have an area of at least 10,800 square feet and a width of at least 80 feet.

(Comp. Ords. 2000, § 17.04(2); Ord. No. 2013-11, pt. II, 8-12-2013)

Sec. 50-344. - Setback regulations.

Unless otherwise regulated in this article, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the following minimum setback regulations shall apply to all lots in the single-family (R-1) zoning district for the uses listed:

(1)

Manmade ponds and lakes and radio and television stations, antennas and towers. Setback regulations shall be as specified by the village plan commission.

(2)

Planned developments. Setback regulations shall be as specified in division 16 of this article.

(3)

Religious institutions, nursery schools, elementary schools, junior and senior high schools, colleges, junior colleges, universities, vocational schools and public libraries (including principal and accessory buildings for such uses).

Front, corner side and rear yard: 50 feet.

Interior side yard: 25 feet.

(4)

All other permitted and conditional uses.

Front and corner side yard, arterial streets:

Garage: 35 feet.

Living space: 25 feet.

Front and corner side yard, minor/collector streets:

Garage: 30 feet.

Living space: 25 feet.

Interior side yard: seven feet.

Rear yard: 25 feet.

(Comp. Ords. 2000, § 17.04(3); Ord. No. 2013-11, pt. II, 8-12-2013; Ord. No. 2016-06, 3-28-2016)

Sec. 50-345. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the single-family (R-1) zoning district shall not exceed the lesser of 2½ stories or 40 feet in height.

(Comp. Ords. 2000, § 17.04(4); Ord. No. 2006-04, § 3, 1-23-2006)

Sec. 50-364.- Uses.

The following uses are allowed in the single-family—duplex by subdivision (R-2) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. All permitted uses allowed in the single-family (R-1) zoning district specified in section 50-342(1) shall be permitted in the single-family—duplex by subdivision (R-2) zoning district.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the single-family—duplex by subdivision (R-2) zoning district:

All conditional uses allowed in the single-family (R-1) zoning district specified in section 50-342(2).

Duplexes on lots designated for duplex construction on recorded subdivision plats or certified survey maps. No more than 30 percent of lots in a land division may be designated for duplex use. Prior to amending the duplex designation on any approved subdivision plat or certified survey map, the village plan commission shall hold a public hearing in accordance with the procedures set forth in section 50-229.

(Comp. Ords. 2000, § 17.05(1); Ord. No. 01-16, §§ 1, 2, 6-25-2001)

Sec. 50-365. - Lot size regulations.

Lots in the single-family—duplex by subdivision (R-2) zoning district shall have an area of at least 12,150 square feet and a width of at least 90 feet.

(Comp. Ords. 2000, § 17.05(2))

Sec. 50-366. - Setback regulations.

(Comp. Ords. 2000, § 17.05(3))

Sec. 50-367. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the single-family—duplex by subdivision (R-2) zoning district shall not exceed the lesser of 2½ stories or 40 feet in height.

(Comp. Ords. 2000, § 17.05(4); Ord. No. 2006-04, § 4, 1-23-2006)

Sec. 50-393.- Uses.

The following uses are allowed in the duplex (R-3) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the duplex (R-3) zoning district:

All permitted uses allowed in the single-family (R-1) zoning district specified in section 50-342(1).

Duplexes.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, all conditional uses allowed in the single-family (R-1) zoning district specified in section 50-342(2) shall be permitted in the duplex (R-3) zoning district.

(Comp. Ords. 2000, § 17.06(1))

Sec. 50-394. - Lot size regulations.

Lots in the duplex (R-3) zoning district shall have an area of at least 12,150 square feet and a width of at least 90 feet.

(Comp. Ords. 2000, § 17.06(2))

Sec. 50-395. - Setback regulations.

(Comp. Ords. 2000, § 17.06(3))

Sec. 50-396. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the duplex (R-3) zoning district shall not exceed the lesser of 2½ stories or 40 feet in height.

(Comp. Ords. 2000, § 17.06(4); Ord. No. 2006-04, § 5, 1-23-2006)

Sec. 50-421.- Uses.

The following uses are allowed in the multifamily (R-4) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the multifamily (R-4) zoning district:

All permitted uses allowed in the single-family (R-1) zoning district specified in section 50-342(1).

Community living arrangements serving nine to 15 persons.

Duplexes.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the multifamily (R-4) zoning district:

All conditional uses allowed in the single-family (R-1) zoning district specified in section 50-342(2), except community living arrangements serving nine or more persons, section 50-342(2)d.

Community living arrangements serving more than 15 persons.

Professional offices.

Multifamily dwellings.

(Comp. Ords. 2000, § 17.07(1))

Sec. 50-422. - Lot size and density regulations.

Lots in the multifamily (R-4) zoning district shall have an area of at least 18,000 square feet or 2,000 square feet per dwelling unit, whichever is greater, and a width of at least 120 feet. The total abovegrade area occupied by buildings, structures, impervious surfaces, and parking, drive and loading areas shall not exceed 50 percent of the buildable area of a lot. For the purposes of this chapter, the term "buildable" areas includes all areas of a lot not within a designated floodway or wetland district.

(Comp. Ords. 2000, § 17.07(2))

Sec. 50-423. - Setback regulations.

Unless otherwise regulated in this article, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the setback regulations for lots in the multifamily (R-4) zoning district shall be the same as the setback regulations for lots in the single-family (R-1) zoning district specified in 50-344, except that the minimum interior side yard setback for multifamily dwellings shall be ten feet and such setback shall increase to 25 feet when the interior side yard is adjacent to or abutting a lot or lots in the R-1, R-2 or R-3 zoning district.

(Comp. Ords. 2000, § 17.07(3))

Sec. 50-424. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the multifamily (R-4) zoning district shall not exceed 45 feet in height.

(Comp. Ords. 2000, § 17.07(4); Ord. No. 2006-04, § 6, 1-23-2006)

Sec. 50-425. - Floor area regulations.

The following floor area regulations shall apply to dwelling units in multifamily buildings located in the multifamily (R-4) zoning district:

(1)

One bedroom. One bedroom units shall possess a floor area of at least 750 square feet.

(2)

Two bedroom. Two bedroom units shall possess a floor area of at least 900 square feet.

(3)

Three or more bedrooms. Three or more bedroom units shall possess a floor area of at least 1,050 square feet plus 200 square feet for each bedroom over three.

(Comp. Ords. 2000, § 17.07(5))

Sec. 50-426. - Exterior building material regulations.

Not less than 75 percent of the exterior building wall surface shall consist of brick, masonry, natural stone or other similar material approved by the village plan commission.

(Comp. Ords. 2000, § 17.07(6))

Sec. 50-451.- Uses.

The following uses are allowed in the rural estate (R-5) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. All permitted uses allowed in the single-family (R-1) zoning district specified in subsection 50-342(1), except duplexes [subsection 50-342(1)d.] and except detached, single-family dwellings [subsection 50-342(1)c.] shall be permitted in the rural estate (R-5) zoning district.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the rural estate (R-5) zoning district:

All conditional uses allowed in the single-family (R-1) zoning district specified in section 50-342(2).

Display and sale of agricultural food products and associated signage for such use. Signage shall be limited to a single, nonilluminated sign with a maximum area of 32 square feet and such sign shall comply with all other applicable regulations set forth in article VI of this chapter, regulation of signs.

Airports.

Cemeteries.

Seasonal cottages, cabins and similar recreational structures.

Detached, single-family dwellings.

Accessory buildings over 1,600 square feet that meet the following standards:

Minimum parcel size of three acres.

Maximum building size of 5,000 square feet.

Building materials and design matching principal structure.

Minimum two-foot overhangs.

Rear and side yard setbacks 25 feet.

(Comp. Ords. 2000, § 17.08(1); Ord. No. 2003-05, § 1, 4-28-2003; Ord. No. 2008-22, § 1, 7-28-2008; Ord. No. 2010-3, §§ 1, 2, 1-25-2010; Ord. No. 2023-05, § 1, 5-8-2023)

Sec. 50-452. - Lot size regulations.

Lots in the rural estate (R-5) zoning district shall have an area of at least 1½ acres and a width of at least 200 feet.

(Comp. Ords. 2000, § 17.08(2))

Sec. 50-453. - Setback regulations.

Unless otherwise regulated in this article, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the following minimum setback regulations shall apply to all lots in the rural estate (R-5) zoning district for the uses listed:

(1)

Agricultural buildings (principal and accessory).

Front and corner side yard: 75 feet.

Interior side and rear yard: 50 feet.

(2)

Airports (including principal and accessory buildings).

Front and corner side yard: 50 feet.

Interior side and rear yard: 150 feet.

(3)

Cemeteries and public utility, governmental and service uses (including principal and accessory buildings for such uses).

Front and corner side yard: 45 feet.

Interior side and rear yard: 50 feet.

(4)

Clubhouses and other buildings on golf courses, parks and playgrounds; mausoleums, crematories and columbariums on cemetery grounds; and stadiums and grandstands on athletic fields: 150 feet from the nearest residential property line.

(5)

Planned developments. Setback regulations shall be as specified in division 16 of this article.

(6)

Radio and television stations, antennas and towers. Setback regulations shall be as specified by the village plan commission.

(7)

Religious institutions, nursery schools, elementary schools, junior and senior high schools, colleges, junior colleges, universities, vocational schools, public libraries, golf courses, parks and playgrounds (including principal and accessory buildings for such uses).

Front, corner side and rear yard: 50 feet.

Interior side yard: 25 feet.

(8)

Residential accessory buildings.

Front and corner side yard: 45 feet.

Interior side and rear yard: ten feet.

(9)

Roadside stands for the display and sale of agricultural products produced on the premises.

Front and corner side yard: 25 feet.

Interior side and rear yard: 25 feet.

(10)

Single-family dwellings and manmade ponds and lakes.

Front and corner side yard: 45 feet.

Interior side and rear yard: 25 feet.

(Comp. Ords. 2000, § 17.08(3))

Sec. 50-454. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the rural estate (R-5) zoning district shall not exceed the lesser of 2½ stories or 40 feet in height.

(Comp. Ords. 2000, § 17.08(4); Ord. No. 2006-04, § 7, 1-23-2006)

Sec. 50-477.- Purpose.

The intent of this district is to maintain highly productive agricultural lands in food and fiber production by effectively limiting encroachment of non-agricultural development and minimizing land use conflicts among incompatible uses.

(Ord. No. 2014-10, § 1, 9-22-2014)

Sec. 50-478. - Definitions.

For the purpose of this section and other sections pertaining to farmland preservation the term "Department" refers to the Department of Agriculture Trade and Consumer Protection (DATCP.) The following definitions apply in the A-1 Farmland Preservation District:

Accessory use means any of the following land uses on a farm:

(1)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.

(2)

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

(3)

A farm residence.

(4)

A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in subsection (1) or (3), that employs no more than four full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

(5)

Any other use that the department, by rule, identifies as an agricultural use.

Agricultural use means any of the following:

(1)

Any of the following activities conducted for the purpose of producing an income or livelihood:

Crop or forage production.

Keeping livestock.

Beekeeping.

Nursery, sod, or Christmas tree production.

Floriculture.

Aquaculture.

Fur farming.

Forest management.

Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(2)

Any other use that the department, by rule, identifies as an agricultural use.

Agriculture-related use means any of the following:

(1)

An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

(2)

Any other use that the department, by rule, identifies as an agriculture-related use.

Conditional use means a use allowed under a conditional use permit issued by the political subdivision.

Farm means all land under common ownership that is primarily devoted to agriculture use.

Farmland preservation agreement means any of the following agreements between an owner of land and the department under which the owner agrees to restrict the use of land in return for tax credits:

(1)

A farmland preservation agreement or transition area agreement entered into under [Wis. Stats.] § 91.13, 2007, or [Wis. Stats.] § 91.14, 2007.

(2)

An agreement entered into under [Wis. Stats.] § 91.60(1).

Farmland preservation area means an area that is planned primarily for agricultural use or agriculture-related use, or both, and that is one of the following:

(1)

Identified as an agricultural preservation area or transition area in a farmland preservation plan described in [Wis. Stats.] § 91.12(1).

(2)

Identified under [Wis. Stats.] § 91.10(1)(d) in a farmland preservation plan described in [Wis. Stats.] § 91.12(2).

Farmland preservation plan means a plan for the preservation of farmland in a county, including an agricultural preservation plan under [Wis. Stats.] subch. IV of ch. 91.

Farm residence means any of the following structures that is located on a farm:

(1)

A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:

An owner or operator of the farm.

A parent or child of an owner or operator of the farm.

An individual who earns more than 50 percent of his or her gross income from the farm.

(2)

A migrant labor camp that is certified under [Wis. Stats.] § 103.92.

Livestock means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.

Owner means a person who has an ownership interest in land.

Permitted use means a use that is allowed without a conditional use permit, special exception, or other special zoning permission.

Prior nonconforming use means a land use that does not conform to the farmland preservation zoning ordinance but that existed lawfully before the farmland preservation zoning ordinance was enacted.

Protected farmland means land that is located in the farmland preservation zoning district, is covered by a farmland preservation agreement, or is otherwise legally protected from nonagricultural development.

(Ord. No. 2014-10, § 1, 9-22-2014; Ord. No. 2015-10, 4-27-2015)

Sec. 50-479. - Uses.

The following uses are allowed in the exclusive agricultural (A-1) Farmland Preservation District. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the exclusive agricultural (A-1) Farmland Preservation District:

Agricultural uses.

Accessory uses.

Agriculture-related uses.

Undeveloped natural resource and open space areas.

A transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a special use permit for that use.

Other uses identified by DATCP rule.

(2)

Conditional uses. The following conditional uses are allowed, in as much as they do not conflict with agricultural use and are found to be necessary in light of alternative locations available for such uses, subject to the regulations specified in division 9 of article II of this chapter:

Transportation, communication, pipeline, electric transmission, utility, or drainage uses, if all of the following apply:

The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

The use is reasonably designed to minimize conversion of land at and around the site of the use, from agricultural use or open space use.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.

Governmental, institutional, religious, or nonprofit community uses, if all of the following apply:

The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.

The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.

The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

Construction damage to land remaining in agricultural use is minimized and repaired to the extent feasible.

Nonmetallic mineral extraction, if all of the following apply:

The operation complies with Wis. Stats. subch. I of ch. 295, and rules promulgated under that subchapter, with applicable provisions of local ordinances under Wis. Stats. § 295.13 or Wis. Stats. § 295.14 (including all applicable provisions of this ordinance), and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites.

The operation and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.

The operation and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations outside the farmland preservation zoning district, or are specifically approved under state or federal law.

The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.

The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

The owner agrees to restore the land to agricultural use, consistent with any required reclamation plan, when extraction is completed.

Oil and gas exploration or production that is licensed by the Department of Natural Resources under Wis. Stats. subch. II of ch 295.

(3)

Rezoning land out of a Farmland Preservation District.

Except as provided in subsection (2), the Village of Howard may not rezone land out of the Farmland Preservation Zoning District unless the village finds all of the following in writing, after public hearing, as part of the official record of the rezoning:

The rezoned land is better suited for a use not allowed in the farmland preservation zoning district.

The rezoning is consistent with any applicable comprehensive plan.

The rezoning is substantially consistent with the [county] farmland preservation plan, which is in effect at the time of the rezoning.

The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland.

Subsection (a) does not apply to any of the following:

A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under Wis. Stats. ch. 91.

A rezoning that makes the farmland preservation zoning ordinance map more consistent with the county farmland preservation plan map, certified under Wis. Stats. ch. 91, which is in effect at the time of the rezoning.

By March 1 of each year the Village of Howard shall provide to the Wisconsin Department of Agriculture, Trade and Consumer Protection, and Brown County a report of the number of acres that the Village of Howard has rezoned out of the farmland preservation zoning district under subsection (1) during the previous year and a map that clearly shows the location of those acres.

(Ord. No. 2014-10, § 1, 9-22-2014)

Sec. 50-480. - Lot size regulations.

Lots in the exclusive agricultural (A-1) zoning district shall have an area of at least 35 acres and a width of at least 200 feet, except that a substandard lot of record may be zoned exclusive agricultural (A-1) if it adjoins one or more lots in the A-1 zone, is under common ownership with the adjoining lots, and the combined area of all commonly owned adjoining lots is at least 35 acres.

(Ord. No. 2014-10, § 1, 9-22-2014)

Sec. 50-481. - Setback regulations.

(1)

Riding academies and stables. Setback regulations shall be as specified by the village plan commission.

(2)

Sanitariums. Setback regulations shall be as specified by the village plan commission.

(Ord. No. 2014-10, § 1, 9-22-2014)

Sec. 50-482. - Building height regulations.

Except as provided in division 3 of article V of this chapter, buildings and structures in the exclusive agricultural (A-1) zoning district shall comply with the following building height regulations:

(1)

Agricultural buildings. Agricultural buildings and structures shall not exceed 65 feet in height.

(2)

Nonagricultural buildings. Nonagricultural buildings and structures shall not exceed the lesser of two and one-half stories or 40 feet in height.

(Ord. No. 2014-10, § 1, 9-22-2014)

Sec. 50-499.- Purpose.

The business (B-1) zoning district is designed to accommodate those retail and office uses which are characteristic of the business and commercial areas of the village.

(Comp. Ords. 2000, § 17.10(1))

Sec. 50-500. - General requirements.

The following general requirements shall apply in the business (B-1) zoning district:

(1)

Uses. With the exception of approved accessory buildings and uses, only principal retail or office uses are allowed.

(2)

Business. All business shall be conducted directly with consumers.

(3)

Goods. All goods produced on a premises shall be sold at retail on the premises where produced.

(4)

Enclosed buildings. Except for permitted off-street parking and loading, and except as specifically allowed as a conditional use in accordance with the regulations specified in division 9 of article II of this chapter, all business, servicing, processing, sales and storage shall be conducted within completely enclosed buildings.

(5)

Review required. No building or any improvement shall be erected, placed, or altered on any building site in the business (B-1) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for review to the village plan commission. The village plan commission shall approve, conditionally approve or disapprove such plans with respect to conformity with this division and other applicable codes and ordinances of the village and with respect to harmony of external design and land use as it affects property within and adjacent to the business (B-1) zoning district. Failure on the part of the village plan commission to act within 60 days of submission shall constitute approval of such plans.

(Comp. Ords. 2000, § 17.10(2); Ord. No. 2007-15, § 1, 3-26-2007)

Sec. 50-501. - Uses.

The uses set forth in sections 50-502 and 50-503 are permitted and conditional uses in the business (B-1) zoning district. All other uses not specifically listed are prohibited.

(Comp. Ords. 2000, § 17.10(3)(intro.); Ord. No. 2007-17, § 1, 4-23-2007)

Sec. 50-502. - Permitted uses.

The following uses are permitted in the business (B-1) zoning district:

(1)

Accessory buildings and uses, subject to the regulations specified in division 3 of article V of this chapter.

(2)

Antique shops.

(3)

Apparel and accessory stores.

(4)

Appliance dealers, household.

(5)

Art shops and galleries.

(6)

Art supply stores.

(7)

Bakery goods stores.

(8)

Banks and financial institutions.

(9)

Barbershops.

(10)

Beauty parlors.

(11)

Bicycle sales, rental and repair stores.

(12)

Boat and marine supply dealers.

(13)

Bookstores, including magazine and newspaper sales.

(14)

Business machine sales and service centers.

(15)

Camera and photographic supply stores.

(16)

Candy stores.

(17)

Carpet and floor covering dealers.

(18)

Catering establishments.

(19)

China and glassware stores.

(20)

Clinics, medical and dental.

(21)

Clock sales and repair shops.

(22)

Clothing and costume rental stores.

(23)

Clothing repair shops.

(24)

Clubs and lodges.

(25)

Coin and philatelic stores.

(26)

Computer and data processing services and dealers.

(27)

Copying and duplicating services.

(28)

Dairy products stores.

(29)

Day care centers, group.

(30)

Delicatessens.

(31)

Department stores.

(32)

Dry cleaners, employing not more than four persons.

(33)

Dry goods stores.

(34)

Electrical showrooms and shops.

(35)

Employment agencies.

(36)

Film processing establishments.

(37)

Florist shops.

(38)

Food stores.

(39)

Funeral homes.

(40)

Furniture stores.

(41)

Furrier shops.

(42)

Gift shops.

(43)

Grocery stores.

(44)

Hardware stores.

(45)

Hobby supply stores.

(46)

Ice cream stores.

(47)

Insurance agencies.

(48)

Interior decorating shops.

(49)

Jewelry stores and repair shops.

(50)

Laboratories, medical, dental, research and testing.

(51)

Laundries, full-service, employing not more than four persons.

(52)

Laundries, self-service.

(53)

Lawn and garden supply, seed and plant stores.

(54)

Lawn equipment sales and service centers.

(55)

Leather goods stores.

(56)

Libraries.

(57)

Lighting shops and showrooms.

(58)

Liquor stores.

(59)

Locksmith shops.

(60)

Luggage stores.

(61)

Meat markets.

(62)

Meeting halls.

(63)

Millinery shops.

(64)

Motor vehicle parts, supplies and accessory stores.

(65)

Musical instrument sales and repair shops.

(66)

Novelty shops.

(67)

Nursing homes and personal care facilities.

(68)

Office machine sales and service shops.

(69)

Offices, business, professional and governmental.

(70)

Office supply and equipment stores and service centers.

(71)

Optical goods stores.

(72)

Orthopedic and medical appliance stores.

(73)

Paint stores.

(74)

Personal service businesses, miscellaneous.

(75)

Pet shops.

(76)

Pharmacies.

(77)

Photography studios.

(78)

Picture framing shops.

(79)

Plumbing, electrical, heating and air conditioning showrooms and shops.

(80)

Post offices.

(81)

Radio sales and service stores.

(82)

Radio and television stations.

(83)

Real estate offices.

(84)

Recording studios.

(85)

Record, tape, compact disc and sheet music stores.

(86)

Rental service stores.

(87)

Restaurants, excluding businesses primarily engaged in drive-in, drive-through or carry out services.

(88)

Schools, dance, music and business.

(89)

School supply stores.

(90)

Sewing machine sales and service stores.

(91)

Shoe sales and repair shops.

(92)

Sporting goods stores.

(93)

Stationery stores.

(94)

Stock brokers.

(95)

Tailor shops.

(96)

Taverns, cocktail lounges and drinking establishments.

(97)

Taxidermists.

(98)

Telegraph offices.

(99)

Telephone booths.

(100)

Television sales and service stores.

(101)

Theaters, indoor.

(102)

Ticket agencies, amusement.

(103)

Tobacco shops.

(104)

Toy stores.

(105)

Transportation ticket offices.

(106)

Travel agencies.

(107)

Used merchandise stores.

(108)

Variety, miscellaneous and specialty stores.

(109)

Wallpaper shops.

(Comp. Ords. 2000, § 17.10(3)(a); Ord. No. 2007-17, § 1, 4-23-2007)

Sec. 50-503. - Conditional uses.

Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the business (B-1) zoning district:

(1)

Amusement establishments, archery ranges, bowling alleys, shooting galleries, game rooms, swimming pools, skating rinks, and similar facilities.

(2)

Auction rooms.

(3)

Boat and recreational watercraft rental businesses.

(4)

Carwashes.

(5)

Dry cleaners, employing more than four persons.

(6)

Dwelling units and lodging rooms located above the first floor.

(7)

Gasoline and motor vehicle fuel sales businesses.

(8)

Hotels.

(9)

Kennels.

(10)

Laundries, full-service, employing more than four persons.

(11)

Lumberyards and building material sales centers.

(12)

Mail order houses.

(13)

Motels.

(14)

Outside business, servicing, processing, sales or storage (any use or activity, other than off-street parking and loading, not conducted within completely enclosed buildings).

(15)

Parking lots, garages and structures (nonaccessory).

(16)

Parks, public.

(17)

Planned developments.

(18)

Public utility, governmental and service uses, except as specifically exempted in section 50-319.

(19)

Recreational buildings and community centers.

(20)

Restaurants primarily engaged in drive-in, drive-through or carry out services.

(21)

Veterinary clinics and hospitals.

(22)

Residential dwellings.

(Comp. Ords. 2000, § 17.10(3)(b); Ord. No. 2007-17, § 1, 4-23-2007; Ord. No. 2019-08, § 1, 6-10-2019)

Sec. 50-504. - Lot size and density regulations.

Lots in the business (B-1) zoning district shall have an area of at least 5,000 square feet per business establishment and a width of at least 50 feet.

(Comp. Ords. 2000, § 17.10(4))

Sec. 50-505. - Setback regulations.

Unless otherwise regulated in this article, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the minimum setback regulations in this section shall apply to all lots in the business (B-1) zoning district. When a lot in the business (B-1) zoning district abuts or adjoins a lot in a residential zoning district, however, the setback to the common property line shall conform to the setback regulations for the adjacent residential district, but in no case shall the setback be less than ten feet.

(1)

Front and corner side yard, arterial streets: 35 feet.

(2)

Front and corner side yard, minor/collector streets: 30 feet.

(3)

Interior side yard: ten feet.

(4)

Rear yard: 15 feet.

(Comp. Ords. 2000, § 17.10(5); Ord. No. 2006-09, § 1, 2-27-2006)

Sec. 50-506. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the business (B-1) zoning district shall not exceed 80 feet in height.

(Comp. Ords. 2000, § 17.10(6); Ord. No. 2006-04, § 10, 1-23-2006; Ord. No. 2021-09, § 1, 6-28-2021)

Sec. 50-507. - Floor area ratio regulations.

The floor area ratio in the business (B-1) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.10(7))

Sec. 50-508. - Building architecture and style regulations.

The building architecture and style regulations in this section shall apply in the business (B-1) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Except as specifically permitted in subsection (7) of this section, exposed exterior walls shall be surfaced with brick, stone, textured concrete or an equivalent masonry material on all sides. A proportionate amount of decorative nonmasonry material, such as wood, steel, vinyl, etc., shall be permitted on the building exterior for ornamental or accent purposes only.

(2)

Exterior building colors shall be earth tones.

(3)

All buildings shall be similar in character to other buildings in the area.

(4)

All mechanical equipment shall be screened from public view.

(5)

Building walls exceeding 50 feet in length shall be broken or staggered.

(6)

Trash dumpsters and recycling containers. The following regulations shall apply to all exterior trash dumpsters, recycling containers and other refuse storage areas in the business (B-1) zoning district:

Businesses and uses established on or after February 27, 2009, are as follows:

Trash dumpsters, recycling containers and other exterior refuse storage shall be effectively screened from public view by opaque fences, walls or enclosures constructed of materials matching that of the principal structure on the property.

Doors or gates constructed of decorative metal or vinyl shall be provided at the entrances to enclosures required in subsection (6)a.1. of this section and such doors or gates shall be kept in a fully closed position when the enclosure is not in use.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located in front of or closer to a street right-of-way than the principal building or structure.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located on, adjacent to or in front of any building wall containing a primary building entrance.

Businesses and uses established prior to February 27, 2009 are as follows:

Trash dumpsters, recycling containers and other exterior refuse storage shall be effectively screened from public view by opaque fences, walls or enclosures by February 27, 2014.

Enclosures required in subsection (6)a of this section shall be constructed of wood, metal, vinyl, masonry, or chainlink fencing with privacy slats. The color of such enclosure shall be similar to or shall compliment that of the principal building on the property.

Doors or gates constructed of decorative wood, metal, vinyl, masonry, or chainlink fencing with privacy slats shall be provided at the entrances to enclosures required in subsection (6)b.2 of this section and such doors or gates shall be kept in a fully closed position when the enclosure is not in use.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located in front of or closer to a street right-of-way than the principal building or structure.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located on, adjacent to or in front of any building wall containing a primary building entrance.

(7)

Building additions need not comply with the exterior wall surface regulations set forth in subsection (1) of this section as long as the following conditions are met:

The existing building was constructed prior to the effective date of the ordinance from which this chapter is derived.

The construction of the existing building was authorized by a valid building permit.

The total floor area of the building addition does not exceed that of the existing structure.

The exterior wall material used on the building addition is identical to that of the existing structure.

(Comp. Ords. 2000, § 17.10(8); Ord. No. 03-23, § 1, 9-22-2003; Ord. No. 2005-10, § 1, 3-28-2005; Ord. No. 2005-16, § 1, 7-25-2005; Ord. No. 2009-5, § 1, 2-23-2009)

Sec. 50-509. - Landscaping and green space regulations.

The landscaping and green space regulations in this section shall apply in the business (B-1) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

A minimum of one shrub shall be required for every 3,000 square feet of lot area.

(2)

A minimum of one tree shall be required for every 5,000 square feet of lot area. All proposed deciduous trees shall be a minimum of 1¾ inches in diameter and all evergreen trees shall be a minimum of four feet in height at the time of planting. Large maturing shade trees shall account for at least 50 percent of the total trees required.

(3)

Landscape buffers (trees, hedges, plantings, berms or a combination thereof) shall be installed adjacent to and across from all residential areas.

(Comp. Ords. 2000, § 17.10(9); Ord. No. 03-23, § 2, 9-22-2003)

Sec. 50-510. - Sign regulations.

The sign regulations set forth in this section shall apply in the business (B-1) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply:

(1)

Except as specifically allowed in division 4 of article VI of this chapter, exempt signs, and except as specifically allowed in subsection (2) of this section, only monument signs and signs mounted on a building or building appurtenance are permitted in the business (B-1) zoning district.

(2)

Signs which do not comply with the provisions of subsection (1) of this section, and which existed on December 1, 2004, are permitted, provided such signs complied with all applicable ordinances and regulations at the time of initial erection or subsequent alteration, and such signs were covered by valid sign permits, if required. Any such sign may be repaired, structurally modified, altered or replaced as long as such work results in an identical sign or a sign which is more in compliance with the regulations in effect prior to December 1, 2004.

(3)

The total area of all signs on a lot shall not exceed 300 square feet.

(4)

No more than one monument sign shall be permitted on a lot.

(Comp. Ords. 2000, § 17.10(10); Ord. No. 03-23, § 3, 9-22-2003; Ord. No. 2004-37, § 1, 11-22-2004; Ord. No. 2005-09, § 1, 3-28-2005)

Sec. 50-511. - Parking, drive and loading area regulations.

The parking, drive and loading area regulations set forth in this section shall apply in the business (B-1) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Curb and gutter shall be installed around the perimeter or boundary of all parking, drive and loading areas.

(2)

A minimum of ten percent of the surface area of all parking lots shall be landscaped with trees and shrubs.

(3)

The overall height of light fixtures installed to illuminate parking lots and exterior grounds shall not exceed 30 feet or the height of the principal structure, whichever is lesser.

(4)

Projected surface stormwater runoff rates upon project completion shall not exceed Predevelopment rates.

(5)

Sidewalks and pedestrian walkways shall be provided in all developments as an integral part of an overall circulation and transportation network.

(Comp. Ords. 2000, § 17.10(11); Ord. No. 03-23, § 4, 9-22-2003)

Sec. 50-527.- Purpose.

The highway commercial (B-2) zoning district is designed to accommodate those business and retail uses which provide merchandise and services desired by motorists, directly from or for motor vehicles.

(Comp. Ords. 2000, § 17.11(1))

Sec. 50-528. - General requirements.

The following general requirements shall apply in the highway commercial (B-2) zoning district:

(1)

Uses. With the exception of approved accessory buildings and uses, only principal retail, office and institutional uses are allowed.

(2)

Business. All business shall be conducted directly with consumers.

(3)

Goods. All goods produced on a premises shall be sold at retail on the premises where produced.

(4)

(5)

Plan review. No building or any improvement shall be erected, placed, or altered on any building site in the highway commercial (B-2) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for review to the village plan commission. The village plan commission shall approve, conditionally approve or disapprove such plans with respect to conformity with this section and other applicable codes and ordinances of the village and with respect to harmony of external design and land use as it affects property within and adjacent to the highway commercial (B-2) zoning district. Failure on the part of the village plan commission to act within 60 days of submission shall constitute approval of such plans.

(Comp. Ords. 2000, § 17.11(2); Ord. No. 2007-15, § 2, 3-26-2007)

Sec. 50-529. - Uses.

The following uses are allowed in the highway commercial (B-2) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the highway commercial (B-2) zoning district:

All permitted uses allowed in the business (B-1) zoning district as specified in section 50-502.

All conditional uses allowed in the business (B-1) zoning district as specified in section 50-503 except planned developments in section 50-503(17) and outside business, servicing, processing, sales or storage in section 50-529(2)e.

Commercial publishing and printing establishments.

Hospitals.

[e.]

Passenger transportation.

[f.]

Rooming houses and boardinghouses.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following uses are permitted in the highway commercial (B-2) zoning district:

All permitted uses allowed in the business (B-1) zoning district as specified in section 50-502.

Commercial publishing and printing establishments.

Hospitals.

Passenger transportation services.

Rooming houses and boardinghouses.

Sale of fleet or business-owned vehicles.

Other manufacturing, distribution, assembling, processing, storage, and light industrial uses as determined by the village plan commission and village board to be compatible with or of the same general character as the uses permitted in subsection (1) of this section, permitted uses.

Motorcycle sales

Motor vehicle sales.

Motor vehicle rental and leasing businesses.

Motor vehicle repair shops and service centers.

Recreational vehicle sales.

Repair shops, miscellaneous.

Trailer sales, utility.

Residential dwellings.

(Comp. Ords. 2000, § 17.11(3); Ord. No. 2013-01, §§ 1—3, 3-25-2013; Ord. No. 2019-08, § 1, 6-10-2019)

Sec. 50-530. - Lot size and density regulations.

Lots in the highway commercial B-2 zoning district shall have an area of at least 7,500 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.11(4))

Sec. 50-531. - Setback regulations.

Unless otherwise regulated in this article, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the setback regulations for lots in the highway commercial (B-2) zoning district shall be the same as the setback regulations for lots in the business (B-1) zoning district specified in section 50-503. When a lot in the highway commercial (B-2) zoning district abuts or adjoins a lot in a residential zoning district, however, the setback to the common property line shall conform to the setback regulations for the adjacent residential district, but in no case shall the setback be less than ten feet.

(Comp. Ords. 2000, § 17.11(5))

Sec. 50-532. - Building height regulations.

Except as provided in division 3 of article V of this chapter, buildings and structures in the highway commercial (B-2) zoning district shall not exceed 65 feet in height.

(Comp. Ords. 2000, § 17.11(6); Ord. No. 2006-04, § 11, 1-23-2006)

Sec. 50-533. - Floor area ratio regulations.

The floor area ratio in the highway commercial (B-2) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.11(7))

Sec. 50-558.- Purpose.

The general industrial (I-1) zoning district is designed to accommodate those heavy industrial activities which, by their character, should be relatively remote from residential, business and commercial development and which are not obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic matter, noxious matter, glare or heat.

(Comp. Ords. 2000, § 17.12(1))

Sec. 50-559. - General requirements.

The following general requirements shall apply in the general industrial (I-1) zoning district:

(1)

Enclosed buildings. All business, servicing, processing, and manufacturing operations within 300 feet of a residential, business or commercial zoning district shall be conducted within completely enclosed buildings.

(2)

Storage. Except for permitted off-street parking and loading, all business, servicing, processing, manufacturing operations and storage within 300 feet of a residential, business or commercial zoning district shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.

(3)

Plan review. No building or any improvement shall be erected, placed, or altered on any building site in the general industrial (I-1) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for review to the village plan commission. The village plan commission shall approve, conditionally approve or disapprove such plans with respect to conformity with this section and other applicable codes and ordinances of the village and with respect to harmony of external design and land use as it affects property within and adjacent to the general industrial (I-1) zoning district. Failure on the part of the village plan commission to act within 60 days of submission shall constitute approval of such plans.

(Comp. Ords. 2000, § 17.12(2); Ord. No. 2007-15, § 3, 3-26-2007)

Sec. 50-560. - Uses.

The uses set forth in sections 50-561 and 50-562 are permitted and conditional uses in the general industrial (I-1) zoning district. All other uses not specifically listed are prohibited.

(Comp. Ords. 2000, § 17.12(3)(intro.))

Sec. 50-561. - Permitted uses.

The following are permitted uses in the general industrial (I-1) zoning district:

(1)

Accessory buildings and uses, subject to the regulations specified in division 3 of article V of this chapter.

(2)

Reserved.

(3)

Reserved.

(4)

Bakeries, excluding retail outlets. See section 50-502(7).

(5)

Bedding manufacturing.

(6)

Boot and shoe manufacturing.

(7)

Bottling companies.

(8)

Brick and masonry products manufacturing.

(9)

Carpet and flooring manufacturing.

(10)

Cartage facilities.

(11)

Reserved.

(12)

Cloth products manufacturing.

(13)

Reserved.

(14)

Contractors' offices, shops and yards.

(15)

Reserved.

(16)

Reserved.

(17)

Electronic and scientific instrument manufacturing.

(18)

Reserved.

(19)

Feed mills, including feed and seed sales outlets.

(20)

Reserved.

(21)

Foundries and forge plants.

(22)

Freight terminals.

(23)

Furniture manufacturing and upholstery.

(24)

Reserved.

(25)

Glass products manufacturing.

(26)

Grain storage and processing.

(27)

Reserved.

(28)

Reserved.

(29)

Laundries, nonretail.

(30)

Reserved.

(31)

Lithographing facilities.

(32)

Machinery and appliance manufacturing.

(33)

Machine shops.

(34)

Mail order houses.

(35)

Reserved.

(36)

Motor vehicle repair shops and service centers.

(37)

Musical instrument manufacturing.

(38)

Orthopedic and medical appliance manufacturing.

(39)

Reserved.

(40)

Paper products manufacturing.

(41)

Parking lots, garages and structures (nonaccessory).

(42)

Reserved.

(43)

Reserved.

(44)

Printing and publishing establishments (nonretail).

(45)

Public utility, governmental and service uses.

(46)

Radio and television stations and towers.

(47)

Rope, cord and twine manufacturing.

(48)

Reserved.

(49)

Sign manufacturing.

(50)

Sporting goods manufacturing.

(51)

Reserved.

(52)

Stone products manufacturing.

(53)

Trade schools.

(54)

Trucking facilities.

(55)

Warehousing, storage and distribution facilities excluding miniwarehouses (self-service storage facilities).

(56)

Woodworking and wood products manufacturing.

(57)

Wearing apparel manufacturing.

(Comp. Ords. 2000, § 17.12(3)(a); Ord. No. 2014-11, § 1, 9-22-2014; Ord. No. 2016-15, 5-23-2016)

Sec. 50-562. - Conditional uses.

Subject to the regulations specified in division 9 of article II of this chapter, the following uses are conditional uses in the general industrial (I-1) zoning district:

(1)

Airports.

(2)

Insulation manufacturing.

(3)

Junkyard and salvage businesses.

(4)

Meat packing.

(5)

Metal reduction and refinement.

(6)

Planned developments.

(7)

Rendering plants.

(8)

Soap manufacturing.

(9)

Limited nonaccessory retail, office and business uses which are compatible with and operated concurrently in the same building as a permitted use.

(10)

Abrasive manufacturing.

(11)

Asphalt products manufacturing.

(12)

Chemical manufacturing and processing.

(13)

Concrete mixing plants.

(14)

Cosmetic production.

(15)

Dairy products manufacturing, processing and packaging.

(16)

Electroplating facilities.

(17)

Food manufacturing, processing and packaging, excluding meat packing.

(18)

Fur processing plants.

(19)

Graphite products manufacturing.

(20)

Laboratories, research and testing.

(21)

Leather tanning and processing.

(22)

Metal stamping.

(23)

Paint products manufacturing.

(24)

Petroleum products manufacturing, processing and storage.

(25)

Plastic and plastic products manufacturing.

(26)

Rubber manufacturing and processing.

(27)

Steel manufacturing.

(28)

Reserved.

(Comp. Ords. 2000, § 17.12(3)(b); Ord. No. 2014-11, § 1, 9-22-2014; Ord. No. 2016-15, 5-23-2016; Ord. No. 2018-08, 6-25-2018)

Sec. 50-563. - Lot size and density regulations.

Lots in the general industrial (I-1) zoning district shall have an area of at least 15,000 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.12(4))

Sec. 50-564. - Setback regulations.

Unless otherwise regulated in article V of this chapter, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the setback regulations for lots in the general industrial (I-1) zoning district shall be the same as the setback regulations for lots in the business (B-1) zoning district specified in section 50-503. When a lot in the general industrial (I-1) zoning district abuts or adjoins a lot in a residential zoning district, however, the setback to the common property line shall conform to the setback regulations for the adjacent residential district, but in no case shall the setback be less than 25 feet.

(Comp. Ords. 2000, § 17.12(5))

Sec. 50-565. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the general industrial (I-1) zoning district shall not exceed 65 feet in height.

(Comp. Ords. 2000, § 17.12(6); Ord. No. 2006-04, § 12, 1-23-2006)

Sec. 50-566. - Floor area ratio regulations.

The floor area ratio in the general industrial (I-1) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.12(7))

Sec. 50-594.- Purpose.

The industrial park-business (I-2) zoning district is one of three zoning districts located within the village industrial park and is designed primarily to accommodate business uses.

(Comp. Ords. 2000, § 17.13(1))

Sec. 50-595. - General requirements.

The following general requirements shall apply in the industrial park-business (I-2) zoning district:

(1)

Uses. With the exception of approved accessory buildings and uses, only principal retail or office uses are allowed.

(2)

Business. All business shall be conducted directly with consumers.

(3)

Goods. All goods produced on a premises shall be sold at retail on the premises where produced.

(4)

(5)

Land use controls. All development shall comply with the requirements set forth in the village industrial park land use controls.

(6)

Plan review. No building or any improvement shall be erected, placed or altered on any building site in the Industrial Park-Business (I-3) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for approval to the plan commission. The plan commission shall approve or disapprove such plans with respect to conformity with the village industrial park land use controls and other applicable codes and ordinances of the village, and with respect to harmony of external design and land use as it affects property within and adjacent to the industrial park.

(Comp. Ords. 2000, § 17.13(2); Ord. No. 2011-1, § 1, 1-10-2011)

Sec. 50-596. - Uses.

The uses set forth in sections 50-597 and 50-598 are permitted and conditional uses in the industrial park business (I-2) zoning district. All other uses not specifically listed are prohibited.

(Comp. Ords. 2000, § 17.13(3)(intro.))

Sec. 50-597. - Permitted uses.

The following uses are permitted in the industrial park business (I-2) zoning district:

(1)

Accessory buildings and uses, subject to the regulations specified in division 3 of article V of this chapter.

(2)

Amusement establishments (archery ranges, bowling alleys, shooting galleries, game rooms, swimming pools, skating rinks, and similar facilities).

(3)

Antique shops.

(4)

Apparel and accessory stores.

(5)

Appliance dealers (household).

(6)

Art shops and galleries.

(7)

Art supply stores.

(8)

Auction rooms.

(9)

Bakery goods stores.

(10)

Banks and financial institutions.

(11)

Barbershops.

(12)

Beauty parlors.

(13)

Bicycle sales, rental and repair stores.

(14)

Boat and marine supply dealers.

(15)

Boat and recreational watercraft rental businesses.

(16)

Bookstores (including magazine and newspaper sales).

(17)

Business machine sales and service centers.

(18)

Camera and photographic supply stores.

(19)

Candy stores.

(20)

Carpet and floor covering dealers.

(21)

Carwashes.

(22)

Catering establishments.

(23)

China and glassware stores.

(24)

Clinics (medical and dental).

(25)

Clock sales and repair shops.

(26)

Clothing and costume rental stores.

(27)

Clothing repair shops.

(28)

Clubs and lodges.

(29)

Coin and philatelic stores.

(30)

Commercial publishing and printing establishments.

(31)

Computer and data processing services and dealers.

(32)

Copying and duplicating services.

(33)

Electrical showrooms and shops.

(34)

Employment agencies.

(35)

Film processing establishments.

(36)

Florist shops.

(37)

Food stores.

(38)

Funeral homes.

(39)

Furniture stores.

(40)

Furrier shops.

(41)

Gasoline and motor vehicle fuel sales businesses.

(42)

Gift shops.

(43)

Grocery stores.

(44)

Hardware stores.

(45)

Hobby supply stores.

(46)

Ice cream stores.

(47)

Insurance agencies.

(48)

Interior decorating shops.

(49)

Jewelry stores and repair shops.

(50)

Kennels.

(51)

Laboratories, medical, dental, research and testing.

(52)

Laundries, full-service and self-service.

(53)

Lawn and garden supply, seed and plant stores.

(54)

Lawn equipment sales and service centers.

(55)

Leather goods stores.

(56)

Libraries.

(57)

Lighting shops and showrooms.

(58)

Liquor stores.

(59)

Locksmith shops.

(60)

Luggage stores.

(61)

Lumberyards and building materials sales centers.

(62)

Mail order houses.

(63)

Meat markets.

(64)

Meeting halls.

(65)

Millinery shops.

(66)

Motorcycle dealers.

(67)

Motor vehicle dealers.

(68)

Motor vehicle parts, supplies and accessory stores.

(69)

Motor vehicle rental and leasing businesses.

(70)

Motor vehicle repair shops and service centers.

(71)

Musical instrument sales and repair shops.

(72)

Novelty shops.

(73)

Office machine sales and service shops.

(74)

Offices, business, professional and governmental.

(75)

Office supply and equipment stores and service centers.

(76)

Optical goods stores.

(77)

Orthopedic and medical appliance stores.

(78)

Paint stores.

(79)

Parking lots, garages and structures (nonaccessory).

(80)

Passenger transportation services.

(81)

Personal service businesses, miscellaneous.

(82)

Pet shops.

(83)

Pharmacies.

(84)

Photography studios.

(85)

Picture framing shops.

(86)

Plumbing showrooms and shops.

(87)

Post offices.

(88)

Public utility, governmental and service uses.

(89)

Radio sales and service stores.

(90)

Radio and television stations.

(91)

Real estate offices.

(92)

Recording studios.

(93)

Record, tape, compact disc and sheet music stores.

(94)

Recreational buildings and community centers.

(95)

Recreational vehicle dealers.

(96)

Rental service stores.

(97)

Repair shops, miscellaneous.

(98)

Restaurants.

(99)

Schools, dance, music and business.

(100)

School supply stores.

(101)

Sewing machine sales and service stores.

(102)

Shoe sales and repair shops.

(103)

Sporting goods stores.

(104)

Stationery stores.

(105)

Stock brokers.

(106)

Tailor shops.

(107)

Taverns, cocktail lounges and drinking establishments.

(108)

Taxidermists.

(109)

Telegraph offices.

(110)

Telephone booths.

(111)

Television sales and service stores.

(112)

Theaters, indoor.

(113)

Ticket agencies, amusement.

(114)

Tobacco shops.

(115)

Toy stores.

(116)

Trailer dealers, utility.

(117)

Transportation ticket offices.

(118)

Travel agencies.

(119)

Used merchandise stores.

(120)

Variety, miscellaneous and specialty stores.

(121)

Veterinary clinics and hospitals.

(122)

Wallpaper shops.

(Comp. Ords. 2000, § 17.13(3)(a))

Sec. 50-598. - Conditional uses.

Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the industrial park business (I-2) zoning district:

(1)

Outside business, servicing, processing, sales or storage (any use or activity, other than off-street parking and loading, not conducted within completely enclosed buildings).

(2)

Farm machinery and equipment dealers.

(3)

Manufactured home dealers.

(4)

Miniwarehouses.

(5)

Trade schools.

(Comp. Ords. 2000, § 17.13(3)(b))

Sec. 50-599. - Lot size and density regulations.

Lots in the industrial park-business (I-2) zoning district shall have an area of at least 10,000 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.13(4))

Sec. 50-600. - Setback regulations.

(1)

Front and corner side yard: 35 feet.

(2)

Interior side yard: ten feet.

(3)

Rear yard: 17 feet.

(Comp. Ords. 2000, § 17.13(5))

Sec. 50-601. - Building height regulations.

Except as provided in division 3 of article V of this chapter, buildings and structures in the industrial park-business (I-2) zoning district shall not exceed 80 feet in height.

(Comp. Ords. 2000, § 17.13(6); Ord. No. 2006-04, § 13, 1-23-2006)

Sec. 50-602. - Floor area ratio regulations.

The floor area ratio in the industrial park-business (I-2) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.13(7))

Sec. 50-623.- Purpose.

The industrial park-light industry (I-3) zoning district is one of three zoning districts located within the village industrial park and is designed primarily to accommodate business and light industrial uses.

(Comp. Ords. 2000, § 17.14(1))

Sec. 50-624. - General requirements.

The following general requirements shall apply in the industrial park-light industry (I-3) zoning district:

(1)

(2)

Land use controls. All development shall comply with the requirements set forth in the village industrial park land use controls.

(3)

Plan review. No building or any improvement shall be erected, placed or altered on any building site in the Industrial Park-Light Industry (I-3) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for approval to the plan commission. The plan commission shall approve or disapprove such plans with respect to conformity with the village industrial park land use controls and other applicable codes and ordinances of the village, and with respect to harmony of external design and land use as it affects property within and adjacent to the industrial park.

(Comp. Ords. 2000, § 17.14(2); Ord. No. 2011-1, § 2, 1-10-2011)

Sec. 50-625. - Uses.

The following uses are allowed in the industrial park-light industry (I-3) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the industrial park-light industry (I-3) zoning district:

All permitted uses allowed in the industrial park-business (I-2) zoning district as specified in section 50-597.

Bakeries.

Bedding manufacturing.

Carpet and flooring manufacturing.

Cloth products manufacturing.

Contractors' offices, shops and yards.

Dairy products manufacturing, processing and packaging.

Electronic and scientific instrument manufacturing.

Farm machinery and equipment dealers

Glass products manufacturing.

Lithographing.

Machinery and appliance manufacturing (light).

Manufactured home dealers.

Musical instrument manufacturing.

Orthopedic and medical appliance manufacturing.

Printing and publishing establishments.

Radio and television towers.

Sign manufacturing.

Sporting goods manufacturing.

Trade schools.

Warehousing, storage and distribution facilities, excluding miniwarehouses (self-service storage facilities).

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the industrial park-light industry (I-3) zoning district:

Woodworking and wood products manufacturing.

Outside business, servicing, processing, manufacturing operations or storage (any use or activity, other than off-street parking and loading, not conducted within completely enclosed buildings).

Other manufacturing, assembling, processing, storage, business or commercial uses determined by the village plan commission to be of the same general character as the uses permitted in subsection (1) of this section which are not obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic matter, noxious matter, glare or heat.

Miniwarehouses (self-service storage facilities).

The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in dead storage. Storage units shall not be used for activities such as: Residences, offices, workshops, studios, hobby or rehearsal areas or for manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other industrial activity.

Conducting retail sales of any kind, including garage or estate sales or auctions or to conduct any other commercial activity is forbidden.

Storage of flammable, perishable or hazardous materials or the keeping of animals is not allowed.

Accessory uses such as the rental of trucks, trailers or moving equipment are prohibited unless approved as part of the conditional use approval and said areas are in the rear of the subject development and screened appropriately.

Self-service storage facilities adjacent to residential zones shall not operate or allow tenant access between the hours of 10:00 p.m. and 6:00 a.m.

Outdoor storage prohibited. All goods and property stored in a self-service storage facility shall be stored in an enclosed building. Outdoor storage of boats, RVs, vehicles, etc., or storage in outdoor storage pods or shipping containers is not permitted.

Self-service storage facilities shall not be permitted along Taylor Street, Glendale Avenue, Lineville Road, Cardinal Lane, Riverview Drive, U.S. 41 and S.T.H. 29 and/or adjacent frontage roads.

All buildings shall have exterior vertical surfaces with at least 50 percent of the area covered by a material or combination of materials such as decorative brick veneer, stone, stucco, textured block or similar decorative materials with no one material exceeding 50 percent of said area when directly fronting a street or when within public view from a street.

Exterior building colors shall be earth tones.

10.

Building walls exceeding 50 feet in length shall be broken or staggered and a maximum building length of 150 linear feet, regardless of modulation.

11.

No electrical outlets are permitted inside or outside for individual storage units. Lighting fixtures and switches shall be of a secure design that will not allow tapping the fixtures for other purposes.

12.

A minimum of one shrub shall be required for every 3,000 square feet of lot area.

13.

15.

Landscape buffers (trees, hedges, plantings, or a combination thereof) shall be installed adjacent to and across from all residential areas.

16.

The sign regulations set forth in this section shall apply in the business (I-3 and I-4) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply:

(i)

(ii)

The total area of all signs on a lot shall not exceed 400 square feet.

(iii)

No more than one monument sign shall be permitted on a lot.

17.

All areas intended for driving, parking and loading shall be paved with asphalt or concrete.

18.

The overall height of light fixtures installed to illuminate parking lots and exterior grounds shall not exceed 30 feet or the height of the principal structure, whichever is lesser and should be shoe box style with 90-degree cut off.

Sexually oriented businesses.

Sexually oriented businesses are prohibited in all other zones.

The operation or maintenance of a sexually oriented business is prohibited within:

(i)

One thousand feet of any residential zone.

(ii)

One thousand feet of any public or private educational facility which serves persons age 17 or younger, licensed daycare facility, public library, elementary school, high school, church, religious institution, place of worship, recreational site, or any public park.

(iii)

Two thousand five hundred feet of any other sexually oriented business.

(iv)

The distances provided in this article shall be measured in a straight line, without regard to intervening structures or objects, from the closest point of the structure (or portion of the structure) occupied or proposed for occupancy by the sexually oriented business, to the nearest point of the parcel of property or land use district boundary from which the proposed land use is to be separated.

(v)

No sexually oriented business shall be located in the same building or upon the same property as another such use.

(Comp. Ords. 2000, § 17.14(3); Ord. No. 2005-27, §§ 1, 2, 10-24-2005; Ord. No. 2016-01, § 2, 2-22-2016; Ord. No. 2019-01, § 1, 1-28-2019)

Sec. 50-626. - Lot size and density regulations.

Lots in the industrial park-light industry (I-3) zoning district shall have an area of at least 10,000 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.14(4))

Sec. 50-627. - Setback regulations.

(Comp. Ords. 2000, § 17.14(5))

Sec. 50-628. - Building height regulations.

Except as provided in division 3 of article V of this chapter, buildings and structures in the industrial park-light industry (I-3) zoning district shall not exceed 80 feet in height.

(Comp. Ords. 2000, § 17.14(6); Ord. No. 2006-04, § 14, 1-23-2006)

Sec. 50-629. - Floor area ratio regulations.

The floor area ratio in the industrial park-light industry (I-3) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.14(7))

Sec. 50-647.- Purpose.

The industrial park-heavy industry (I-4) zoning district is one of three zoning districts located within the village industrial park and is designed primarily to accommodate light and heavy industrial uses.

(Comp. Ords. 2000, § 17.15(1))

Sec. 50-648. - General requirements.

The following general requirements shall apply in the industrial park-heavy industry (I-4) zoning district:

(1)

(2)

Land use controls. All development shall comply with the requirements set forth in the village industrial park land use controls.

(3)

Plan review. No building or any improvement shall be erected, placed or altered on any building site in the Industrial Park-Heavy Industry (I-4) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for approval to the plan commission. The plan commission shall approve or disapprove such plans with respect to conformity with the village industrial park land use controls and other applicable codes and ordinances of the village, and with respect to harmony of external design and land use as it affects property within and adjacent to the industrial park.

(Comp. Ords. 2000, § 17.15(2); Ord. No. 2011-1, § 3, 1-10-2011)

Sec. 50-649. - Uses.

The following uses are allowed in the industrial park-heavy industry (I-4) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the industrial park-heavy industry (I-4) zoning district:

All permitted uses allowed in the industrial park-light industry (I-3) zoning district as specified in section 50-625(1).

Abrasive manufacturing.

Asphalt products manufacturing.

Boot and shoe manufacturing.

Bottling companies.

Brick and masonry products manufacturing.

Carpet and flooring manufacturing.

Cartage facilities.

Electroplating facilities.

Fabric manufacturing.

Food manufacturing, processing and packaging (excluding meat packing).

Freight terminals.

Fur processing plants.

Furniture manufacturing and upholstery.

Grain storage and processing.

Graphite products manufacturing.

Leather tanning and processing.

Machinery manufacturing.

Metal stamping.

Metal products manufacturing.

Rope, cord and twine manufacturing.

Rubber manufacturing and processing.

Steel manufacturing.

Stone products manufacturing.

Transportation equipment manufacturing.

Wearing apparel manufacturing.

aa.

Woodworking and wood products manufacturing.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the industrial park-heavy industry (I-4) zoning district:

Outside business, servicing, processing, manufacturing operations or storage (any use or activity, other than off-street parking and loading, not conducted within completely enclosed buildings).

Chemical manufacturing and processing.

Concrete products manufacturing and mixing plants.

Cosmetic production.

Feed mills (including feed and seed sales outlets).

Foundries and forge plants.

Meat packing.

Paint products manufacturing.

Petroleum products manufacturing, processing and storage.

Plastic and plastic products manufacturing.

Railroad facilities.

Miniwarehouses (self-service storage facilities).

Conducting retail sales of any kind, including garage or estate sales or auctions or to conduct any other commercial activity is forbidden.

Storage of flammable, perishable or hazardous materials or the keeping of animals is not allowed.

Self-service storage facilities adjacent to residential zones shall not operate or allow tenant access between the hours of 10:00 p.m. and 6:00 a.m.

Self-service storage facilities shall not be permitted along Taylor Street, Glendale Avenue, Lineville Road, Cardinal Lane, Riverview Drive, U.S. 41 and S.T.H. 29 and/or adjacent frontage roads.

Exterior building colors shall be earth tones.

10.

Building walls exceeding 50 feet in length shall be broken or staggered and a maximum building length of 150 linear feet, regardless of modulation.

11.

12.

A minimum of one shrub shall be required for every 3,000 square feet of lot area.

13.

14.

Landscape buffers (trees, hedges, plantings, or a combination thereof) shall be installed adjacent to and across from all residential areas.

15.

(i)

(ii)

The total area of all signs on a lot shall not exceed 400 square feet.

(iii)

No more than one monument sign shall be permitted on a lot.

(iv)

All areas intended for driving, parking and loading shall be paved with asphalt or concrete.

(v)

Sexually oriented businesses.

Sexually oriented businesses are prohibited in all other zones.

The operation or maintenance of a sexually oriented business is prohibited within:

(i)

One thousand feet of any residential zone.

(ii)

(iii)

Two thousand five hundred feet of any other sexually oriented business.

(iv)

(v)

No sexually oriented business shall be located in the same building or upon the same property as another such use.

(Comp. Ords. 2000, § 17.15(3); Ord. No. 2005-27, § 3, 10-24-2005; Ord. No. 2016-01, § 3, 2-22-2016; Ord. No. 2019-01, § 1, 1-28-2019)

Sec. 50-650. - Lot size and density regulations.

Lots in the industrial park-heavy industry (I-4) zoning district shall have an area of at least 20,000 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.15(4))

Sec. 50-651. - Setback regulations.

(Comp. Ords. 2000, § 17.15(5))

Sec. 50-652. - Building height regulations.

Except as provided in division 3 of article V of this chapter, buildings and structures in the industrial park-heavy industry (I-4) zoning district shall not exceed 80 feet in height.

(Comp. Ords. 2000, § 17.15(6); Ord. No. 2006-04, § 15, 1-23-2006)

Sec. 50-653. - Floor area ratio regulations.

The floor area ratio in the industrial park-heavy industry (I-4) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.15(7))

Sec. 50-680.- Purpose.

The existing industrial (I-5) zoning district is a special type of commercial and/or industrial area designed to accommodate uses existing at the time of village-wide comprehensive zoning, which were inconsistent with proposed area zoning under the village comprehensive plan, but which were uses desired to be continued as other than nonconforming uses.

(Comp. Ords. 2000, § 17.16(1))

Sec. 50-681. - Uses.

The only uses allowed in the existing industrial (I-5) zoning district are those which were in existence or were approved on or before June 19, 1979, and which have been established by an affidavit of use filed with the village clerk by the respective owner.

(Comp. Ords. 2000, § 17.16(2))

Sec. 50-682. - Abandonment.

In the event of abandonment, which for the purposes of this chapter shall be defined as a discontinuance of existing use for a period of six months or a substantial change of use, the existing industrial (I-5) zoning district shall convert to a zoning district consistent with surrounding zoning and with the village comprehensive plan. This conversion shall take place upon written notice to the owner by the village board that abandonment has occurred. A copy of such notice shall be filed with the village clerk.

(Comp. Ords. 2000, § 17.16(3))

Sec. 50-683. - Lot size and density regulations.

Lots in the existing industrial (I-5) zoning district shall have an area of at least 10,000 square feet per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.16(4))

Sec. 50-684. - Setback regulations.

Unless otherwise regulated in article V of this chapter, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the following minimum setback regulations shall apply to all lots in the existing industrial (I-5) zoning district. When a lot in the existing industrial (I-5) zoning district abuts or adjoins a lot in a residential zoning district, however, the setback to the common property line shall conform to the setback regulations for the adjacent residential district, but in no case shall the setback be less than ten feet.

(1)

Front and corner side yard, arterial streets: 35 feet.

(2)

Front and corner side yard, minor/collector streets: 30 feet.

(3)

Interior side yard: ten feet.

(4)

Rear yard: 15 feet.

(Comp. Ords. 2000, § 17.16(5))

Sec. 50-685. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the existing industrial (I-5) zoning district shall not exceed 35 feet in height.

(Comp. Ords. 2000, § 17.16(6); Ord. No. 2006-04, § 16, 1-23-2006)

Sec. 50-686. - Floor area ratio regulations.

The floor area ratio in the existing industrial (I-5) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.16(7))

Sec. 50-716.- Purpose.

The industrial park-corporate headquarters (I-6) zoning district is designed to accommodate national or regional corporate headquarter facilities and those facilities which would provide service activities, including, but not limited to, warehousing, storage, research and data processing, which are related to and used in conjunction with national or regional headquarter facilities.

(Comp. Ords. 2000, § 17.17(1))

Sec. 50-717. - General requirements.

No building or any improvement shall be erected, placed or altered on any building site in the industrial park-corporate headquarters (I-6) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for approval to the plan commission. The plan commission shall approve or disapprove such plans with respect to conformity with this division and other applicable codes and ordinances of the village, and with respect to harmony of external design and land use as it affects property within and adjacent to the industrial park-corporate headquarters (I-6) zoning district. Failure on the part of the village board or its designated agent or representative to act upon such submittal within 60 days of submission shall constitute approval of such plans.

(Comp. Ords. 2000, § 17.17(2); Ord. No. 2011-1, § 4, 1-10-2011)

Sec. 50-718. - Uses.

The uses as set forth in this section are allowed in the industrial park-corporate headquarters (I-6) zoning district. All other uses not specifically listed are prohibited.

(1)

Permitted uses. The following are permitted uses in the industrial park-corporate headquarters (I-6) zoning district:

National or regional corporate headquarter facilities and those facilities which would provide service activities, including, but not limited to, warehousing, storage, research and data processing, which are related to and used in conjunction with national or regional headquarter facilities.

Accessory buildings and uses. Subject to the regulations specified in division 3 of article V of this chapter.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the industrial park-corporate headquarters (I-6) zoning district:

Other manufacturing, distribution, assembling, processing, storage, medical, professional office, employee service or commercial uses as determined by the village board to be of the same general character as the uses permitted in subsection (1) of this section.

Planned developments.

(Comp. Ords. 2000, § 17.17(3))

Sec. 50-719. - Lot size and density regulations.

Lots in the industrial park-corporate headquarters (I-6) zoning district shall have an area of at least 32,670 square feet (0.75 acre) per business establishment and a width of at least 100 feet.

(Comp. Ords. 2000, § 17.17(4))

Sec. 50-720. - Setback regulations.

(1)

Front and corner side yard: 30 feet.

(2)

Interior side yard: 20 feet.

(3)

Rear yard: 35 feet.

(Comp. Ords. 2000, § 17.17(5))

Sec. 50-721. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the industrial park-corporate headquarters (I-6) zoning district shall not exceed the following heights:

(1)

Permitted uses: 80 feet.

(2)

Conditional uses: 40 feet.

(Comp. Ords. 2000, § 17.17(6); Ord. No. 2006-04, §§ 17, 18, 1-23-2006)

Sec. 50-722. - Floor area ratio regulations.

The floor area ratio in the industrial park-corporate headquarters (I-6) zoning district shall not exceed two.

(Comp. Ords. 2000, § 17.17(7))

Sec. 50-743.- Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basic zoning district means the underlying or primary zoning district identified on the official zoning map and applicable to a particular lot or parcel of land at the time of application for planned development (PD) zoning district approval for such lot or parcel.

Building site means a tract of land that is:

(1)

Under single ownership, condominium ownership, or subdivided into lots for single-family development;

(2)

Located on a public street or highway or has direct access to a public street or highway by means of a private right-of-way having a width of at least 90 feet.

Condominium means an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential or commercial building, such as an apartment or office. The term "condominium" may also include a separate interest in other portions of such real property. A condominium development shall be permitted only in strict accordance with Wis. Stats. ch. 703 which, along with amendments thereto, is hereby adopted by reference and incorporated herein as though fully set forth.

(Comp. Ords. 2000, § 17.18(1))

Sec. 50-744. - Application.

The planned development (PD) zoning district shall be administered as an alternative to the permitted uses and regulations applicable to those lands which may be hereafter zoned planned development (PD) by the village board. All basic zoning district regulations for lands "over-zoned" as planned development (PD) shall continue in full force and effect, and shall be solely applicable, until such time as the village board grants final planned development (PD) zoning district approval as hereinafter provided.

(Comp. Ords. 2000, § 17.18(2); Ord. No. 2011-2, § 1, 1-10-2011)

Sec. 50-745. - Purpose.

The purpose of the planned development (PD) zoning district is to encourage desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic zoning district regulations, and to provide for a well balanced, aesthetically pleasing village and economically desirable development of building sites within a planned development (PD) zoning district. These regulations are intended to permit latitude in the development of building sites if such development is found to be in accordance with the purpose herein established.

(Comp. Ords. 2000, § 17.18(3))

Sec. 50-746. - Permitted uses.

The following uses are permitted in the planned development (PD) zoning district upon obtaining all necessary approvals required under this division:

(1)

Basic zoning district uses. All uses allowed in the basic zoning district applicable to the particular property.

(2)

Additional uses. Such additional uses, or mixture of uses, as approved by the village board and consistent with the purpose and intent as set forth in this division.

(Comp. Ords. 2000, § 17.18(4))

Sec. 50-747. - General requirements.

The following general requirements shall apply in the planned development (PD) zoning district:

(1)

Condominium ownership. The concept of condominium ownership, as defined in section 50-743, shall not be adversely affected by any of the provisions of this chapter. Except as may be permitted by creation of a planned development (PD) zoning district, however, condominium form of ownership shall not relieve the owner of any lot or parcel of land from compliance with all basic zoning district regulations relating to the use of said property as set forth in this chapter, or from the requirements of Wis. Stats. ch. 703.

(2)

Applicable regulations. When all necessary approvals required under this division have been obtained, the general requirements, permitted uses, lot size and density regulations, setback standards, building height restrictions, floor area ratio limitations and other basic zoning district requirements shall no longer be applicable, but rather the approved final development plan and all requirements as are made part of such plan shall be construed to be and enforced as part of this chapter.

(3)

Acceptable standards. Normal standards or operational policies regarding right-of-way widths, provisions for sidewalks, street lighting and similar environmental design criteria shall not be mandatory in a planned development (PD) zoning district. Precise standards, however, pursuant to the design criteria set forth in this division and deemed satisfactory by the village board, shall be made part of the approved plan and shall be enforced as part of this chapter.

(4)

Extension of permitted uses. When a building site is situated in more than one basic zoning district, the uses permitted in one district may be extended into the adjacent district, but only after the village board has specifically defined the maximum allowable limits of such extension.

(Comp. Ords. 2000, § 17.18(5))

Sec. 50-748. - Developer responsibilities.

The developer shall develop the building site in accordance with the terms and conditions of the development plan approved by the village board. Any changes or additions to the original approved development plan, including, but not limited to, building construction, site development or property use, shall require resubmittal and approval by the village board.

(Comp. Ords. 2000, § 17.18(6))

Sec. 50-749. - Failure to comply.

Failure by the developer to comply with the conditions, commitments, guarantees or recommendations established in the approval of a planned development (PD) zoning district shall be cause for rescission of such approval. Upon notice given by the village director of code administration, the developer shall be required to appear before the village board to explain such apparent failure. The village board shall determine whether the developer has complied with the terms and conditions of the approved development plan and, if there has been a failure to comply, shall take one of the following actions:

(1)

Rescission of approval. The village board may rescind its approval, whereupon such rescission and cessation of all rights and privileges of the developer and owner shall become effective 31 days after mailing of written notice of such rescission by certified mail to the developer at his last known address.

(2)

Delay of decision. The village board may delay a decision for a period not to exceed 65 days to enable the developer to comply. If the developer achieves substantial compliance within the allotted time period and subsequently establishes to the reasonable satisfaction of the board that compliance will continue in the future, the rights and privileges of the developer and owner shall continue as long as compliance is maintained. If, however, the developer does not achieve substantial compliance within the allotted time period or does not establish to the reasonable satisfaction of the board that compliance will be achieved in the future, the board shall proceed to rescind its approval in accordance with subsection (1) of this section.

(Comp. Ords. 2000, § 17.18(7))

Sec. 50-750. - Approval criteria.

As a basis for determining the acceptability of a planned development (PD) zoning district proposal, the following criteria shall be applied to the development plan with specific consideration as to whether the proposal is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:

(1)

Character and intensity of land use. The uses proposed and their intensity and arrangement on the building site:

Shall be of such visual, aesthetic and operational character that they;

Shall be compatible with the physical nature of the building site, with particular concern for preservation of natural features, tree growth and open space;

Shall produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability, and functional practicality compatible with the general development plan for the area as established by the village;

Will not adversely affect the anticipated provision for schools, sewer and water installations, snow removal, garbage collection, fire protection, or other municipal services; and

Will not create a traffic or parking demand incompatible with existing or proposed facilities to serve it.

(2)

Economic feasibility and impact. Satisfactory evidence shall be provided demonstrating that the proposed project is economically feasible, has available adequate financing, and will not adversely affect the economic prosperity of the village or the value of surrounding properties.

(3)

Engineering design standards. Right-of-way widths, location and widths of streets and other paving, outdoor lighting requirements, location of sewer and water lines, provision for drainage, and other similar environmental engineering considerations shall be based upon a determination as to the appropriate standards necessary to implement a specific function in a specific situation provided, however, that in no case shall construction standards be less than those necessary to ensure the public safety and welfare.

(4)

Open space and rights-of-way. Adequate provisions shall be made in the following manner for the permanent preservation and maintenance of common open space and rights-of-way either by private reservation or dedication to the public:

Common open space areas which are not dedicated to the public shall be protected against development by conveyance of easements to the village as a condition of project approval. Areas conveyed by easement shall be restricted to prevent future building construction, development or use, except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of surrounding residential properties Noncommercial recreational or cultural buildings or uses compatible with the open-space objective may be permitted where specifically authorized as part of the approved development plan, or subsequently upon village plan commission recommendation and village board approval.

For roadways and other rights-of-way which are not dedicated to the public, there shall be granted to the village as a condition of project approval, such easements as may be necessary to enable the village to provide fire protection, sanitary sewer, storm sewer, public water, and other required municipal services to the development.

The care and maintenance of recorded easements, open space reservations and rights-of-way shall be assured, either by establishment of an appropriate private management organization for the project, or by establishment of a special service district for the project area whereby the village provides necessary maintenance service and levies costs thereof as a special assessment on the tax bills of properties within the project area. In any case, the village shall have the right to carry out and levy assessments for costs of necessary maintenance if not otherwise performed to the satisfaction of the village. The manner of assuring maintenance and assessing costs to individual properties shall be determined prior to approval of the final development plan and shall be included in the title to each property.

Ownership and tax liability of private open space reservations and rights-of-way shall be established in a manner acceptable to the village and shall be made part of the conditions of final development plan approval.

(5)

Building, site and use characteristics. The following building, site and use characteristics shall be considered as approval criteria:

Neighborhood environment, characteristics and use.

Physical, natural and topographical features of the building site.

Nature, operational character, organizational structure and use of buildings and structures.

Architectural design, visual appeal and building materials.

Building arrangement, density and floor area ratio.

Building heights.

Building setbacks.

Screening and fencing.

Landscaping.

Exterior lighting.

Site drainage.

Open space needs.

Design and capacity of parking and loading areas.

Design and location of roadways, driveways and walks.

Traffic generation and rate of vehicle turnover.

Street or highway access and traffic patterns.

Number and location of street openings or curb cuts.

Street and highway dedication.

Availability and capacity of sewer, water and other utilities.

Snow removal, garbage collection, fire protection and other municipal services.

Methods and hours of operation.

Operational control.

Capacity of local schools and educational institutions.

Economic impacts, inducements, attractions and detractions.

Implementation schedule and proposed commencement and completion dates.

Deed restrictions, sureties, performance bonds, conditions, provisions, requirements or limitations necessary for the protection of public safety, health and welfare and as assurance that each phase of development can and will be brought to completion in a manner which will not adversely effect the community as a result of termination at the end of any one phase.

(Comp. Ords. 2000, § 17.18(8))

Sec. 50-751. - Preliminary approval.

The procedures set forth in this section shall be adhered to when applying for preliminary approval of a planned development (PD) zoning district. No petition for final approval shall be considered until preliminary approval is granted in accordance with the procedures established in this division.

(1)

Application. Anyone desiring to develop a building site as a planned development (PD) zoning district shall apply to the village director of code administration on such forms as shall be provided by the village and shall pay an application fee of $200.00. Applications shall include the names, mailing addresses and telephone numbers of all owners and developers, a legal description of the proposed development site, and the following information in sufficient detail for the village plan commission and village board to determine the acceptability of the preliminary proposal and whether it conforms to the approval criteria set forth in section 50-750:

A statement describing the general character of the proposed development.

An accurate map of the project area, prepared by a registered land surveyor, showing the nature, use and character of abutting properties.

A general development plan showing:

The pattern of public and private roads, driveways and parking facilities;

The size and location of lots;

The type, size and location of structures;

The location of sanitary and storm sewer lines, water mains and lighting;

The location of recreational and open space areas reserved or dedicated for public uses;

The proposed landscape treatment;

Appropriate statistical data pertaining to development size, density, ratio of various land uses, and economic impacts;

Architectural drawings and sketches illustrating the design and character of the proposed structures; and

The general outline of intended organizational structure.

(2)

Preliminary discussions. The village director of code administration shall inform the village plan commission of such request, shall schedule a date for preliminary discussions between the developer and the village plan commission, and shall notify the developer of such date.

(3)

Report and recommendation. After such discussions have taken place and after thorough review of the application for preliminary approval, the village plan commission shall file a written report on the proposed development to the village board, together with its recommendation for approval or disapproval. The report and recommendation of the village plan commission shall be made to the village board no later than four months from the date of application with the village director of code administration. A recommendation of approval by the village plan commission shall in no way be binding on the village board. The village board shall either approve or disapprove the proposed development project without modification. Any such approval granted shall be preliminary only and shall not bind the village board with respect to approval of the final project.

(4)

Amendments. The recommendation of the village plan commission and preliminary approval by the village board shall be based on, and include as conditions thereto, the building site and operational plans for the development as approved, as well as all other commitments offered or required with regard to project value, character or other factors pertinent to an assurance that the proposed development will be carried out as presented in the approved plans. Detailed construction and engineering drawings need not be presented at this time, however, preliminary approval shall be conditioned upon subsequent submittal and approval of more specific and detailed plans. Any changes or additions to the plans or proposed use after preliminary approval has been granted shall first be submitted to the village plan commission and, if the village plan commission determines that such alteration or addition constitutes a substantial change to the original plan, it shall make an appropriate recommendation to the village board regarding an amendment to the preliminary plan approval.

(Comp. Ords. 2000, § 17.18(9))

Sec. 50-752. - Final approval.

After the village board has granted preliminary approval for a planned development (PD) zoning district in accordance with the procedures established in section 50-751, the developer may file a petition for final approval stating that he seeks to develop such property under the provisions of this section. The following procedures shall be adhered to when applying for final approval of the development project:

(1)

Required information. Unless previously submitted, the developer shall provide the following information in sufficient detail for the village plan commission and village board to determine the acceptability of the final proposed development and whether it conforms to the approval criteria set forth in section 50-750:

The names, mailing addresses and telephone numbers of any additional owners or developers since filing of the original preliminary approval application.

An accurate topographical map showing elevation and contour data at two foot intervals and extending 100 feet beyond the exterior boundaries of the site, showing all public rights-of-way and existing buildings within the project area. Such map shall show size and capacities of all available utilities and high water elevations along rivers and bodies of water.

A scale plot plan showing:

The location, size, type and use of all buildings and structures;

Driveways, walks and access roads;

Parking facilities and loading docks;

Exterior lighting;

Open spaces and recreation areas;

Site drainage;

Screening and fencing;

Landscaping; and

Utility easements.

A statistical table showing the acreage of development (exclusive of public streets), acreage of proposed open spaces and recreational areas, and proposed population densities.

Architectural drawings of all buildings and structures, typical building floor plans, and sketches showing the design characteristics and treatment of exterior building elevations.

A table showing the approximate costs of individual buildings and structures.

A statement confirming the anticipated commencement and completion dates.

Building sizes in square feet; proportions of buildings devoted to office, production, manufacturing, warehousing, etc., and proposed number of employees in each such area; proposed uses and manner of operation; and municipal services required to serve the site (commercial and industrial developments only).

Any other pertinent information, data, statements, drawings or plans which may be required by the village plan commission or village board.

(2)

Public hearing, report and recommendation. After receipt of a petition for final approval and submittal of all required information as itemized in subsection (1) of this section, the village plan commission shall hold a public hearing regarding the proposed development. The public hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the village plan commission shall by rule prescribe from time to time. A notice of public hearing shall be published at least twice in the official village newspaper and mailed directly to interested parties within 300 feet of the subject property, such publication and mailing to be made at least ten days prior to the date of the public hearing. Following such public hearing and review of all application materials, the village plan commission shall file a written report on the proposed development to the village board, together with its recommendation for approval or disapproval. Within a reasonable time period following such recommendation by the village plan commission, the village board shall either issue a final approval or disapprove such petition.

(3)

Commencement of construction. No construction shall commence on the building site until the village board has granted final project approval, except such construction as shall be in compliance with underlying zoning district regulations and the proposed planned development as submitted for final approval. Neither preliminary approval nor final approval shall constitute permission to begin construction of any building or structure prior to the issuance of required permits as is now and as shall be hereafter prescribed elsewhere in this Code pursuant to state law.

(4)

Amendments. Any request or petition for an amendment to a final approval shall be accompanied by an additional fee of $200.00. No amendment shall be allowed or permitted until a public hearing is held, a recommendation is made by the village plan commission, and approval is granted by the village board in accordance the procedures established in subsections (1), (2) and (3) of this section.

(Comp. Ords. 2000, § 17.18(10); Ord. No. 2008-6, § 1, 2-25-2008; Ord. No. 2017-03, § 1, 2-27-2017)

Sec. 50-773.- Purpose.

The Neighborhood Commercial (B-3) zoning district is designed to accommodate those unique business, commercial, office and retail [uses] commonly found in areas of transition between business or commercial uses and residential uses. It sets forth specific guidelines for development, including regulations pertaining to architectural style, landscaping, green space, signs, parking lots and loading areas.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-774. - General requirements.

The following general requirements shall apply in the Neighborhood Commercial (B-3) zoning district:

(1)

Uses. With the exception of approved accessory buildings and uses, only principal retail, business, commercial and office uses are allowed.

(2)

Business. All business shall be conducted directly with consumers.

(3)

Goods. All goods produced on a premises shall be sold at retail on the premises where produced.

(4)

Plan review. No building or any improvement shall be erected, placed, or altered on any building site in the Neighborhood Commercial (B-3) zoning district until the plans for such building or improvement, including the site plan, landscape plan, building plan and specifications, have been submitted for review to the village plan commission. The village plan commission shall approve, conditionally approve or disapprove such plans with respect to conformity with this section [division] and other applicable codes and ordinances of the village and with respect to harmony of external design and land use as it affects property within and adjacent to the Neighborhood Commercial (B-3) zoning district. Failure on the part of the village plan commission to act within 60 days of submission shall constitute approval of such plans.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-775. - Uses.

The following uses are allowed in the Neighborhood Commercial (B-3) zoning district. All other uses not specifically listed are prohibited:

(1)

Permitted uses. The following uses are permitted in the Neighborhood Commercial (B-3) zoning district:

Accessory buildings and uses, subject to the regulations specified in division 3 of article V of this chapter.

Antique, art and picture framing stores.

Barbershops and beauty parlors.

Bicycle sales, rental and repair stores.

Book, magazine and newspaper sales stores.

Camera, photo supplies and photo processing stores.

Candy and confectionery stores.

China and glassware stores.

Clock sales and repair shops.

Clothing, apparel and accessory stores.

Dry cleaners, customer drop-off only.

Florist, gift, greeting card and stationery stores.

Funeral homes.

Hobby shops and collectible stores.

Ice cream and dairy products stores.

Interior decorating stores.

Lighting shops and electrical showrooms.

Luggage stores.

Music stores and musical instrument sales and repair shops.

Pet shops.

Professional business, medical and governmental offices.

Recording studios.

Sewing machine sales and service stores.

Travel agencies.

(2)

Conditional uses. Subject to the regulations specified in division 9 of article II of this chapter, the following are conditional uses in the Neighborhood Commercial (B-3) zoning district:

Amusement establishments, archery ranges, bowling alleys, shooting galleries, game rooms, swimming pools, skating rinks, and similar facilities.

Banks and financial institutions.

Computer and data processing dealers and service centers.

Day care centers, group.

Department stores.

Food stores.

Hardware stores.

Hotels and motels.

Laundries.

Libraries.

Miscellaneous business, commercial, office and retail uses determined by the village plan commission and village board to be of the same general character as the uses permitted in subsection (1).

Nursing homes and personal care facilities.

Office supply and equipment stores and service centers.

Parks, public.

Pharmacies.

Planned developments.

Post offices.

Public utility, governmental and service uses.

Recreational buildings and community centers.

Restaurants, excluding businesses primarily engaged in drive-in, drive-through or carry out services.

Schools, dance, music and business.

School supply stores.

Shopping centers.

Sporting goods stores.

Ticket agencies, amusement.

Toy stores.

aa.

Veterinary clinics and animal hospitals.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-776. - Lot size and density regulations.

Lots in the Neighborhood Commercial (B-3) zoning district shall have an area of at least 7,500 square feet per business establishment and a width of at least 75 feet.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-777. - Setback regulations.

Unless otherwise regulated in article V of this chapter, and unless otherwise specifically shown on a recorded subdivision plat or certified survey map, the minimum setback regulations in this section shall apply to all lots in the Neighborhood Commercial (B-3) zoning district.

(1)

Front and corner side yard, arterial streets: 35 feet.

(2)

Front and corner side yard, minor/collector streets: 30 feet.

(3)

Interior side yard: ten feet.

(4)

Rear yard: 15 feet.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-778. - Building height regulations.

Except as provided in sections 50-861, 50-930 and 50-985, buildings and structures in the Neighborhood Commercial (B-3) zoning district shall not exceed 35 feet in height.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-779. - Building architecture and style regulations.

The building architecture and style regulations as set forth in this section shall apply in the Neighborhood Commercial (B-3) zoning district. In the event any of these regulations conflicts with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Exterior wall materials shall consist of stone, brick or textured masonry on all sides.

(2)

Exterior building colors shall be earth tones.

(3)

All buildings shall be similar in character to other buildings in the area.

(4)

All mechanical equipment shall be screened from public view.

(5)

Building walls exceeding 50 feet in length shall be broken or staggered.

(6)

The following regulations shall apply to all exterior trash dumpsters, recycling containers and other refuse storage areas in the Neighborhood Commercial (B-3) zoning district:

Businesses and uses established on or after February 27, 2009.

Doors or gates constructed of decorative metal or vinyl complimenting those materials used to construct the enclosure shall be provided at the entrances to enclosures required in subsection (6)a.1 and such doors or gates shall be kept in a fully closed position when the enclosure is not in use.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located in front of or closer to a street right-of-way than the principal building or structure.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located on, adjacent to or in front of any building wall containing a primary building entrance.

Businesses and uses established prior to February 27, 2009.

Trash dumpsters, recycling containers and other exterior refuse storage shall be effectively screened from public view by opaque fences, walls or enclosures by February 27, 2014.

Enclosures required in subsection (6)b.1 shall be constructed of wood, metal, vinyl, masonry, or chain-link fencing with privacy slats. The color of such enclosure shall be similar to or shall compliment that of the principal building on the property.

Doors or gates constructed of decorative wood, metal, vinyl, masonry, or chainlink fencing with privacy slats complimenting those materials used to construct the enclosure shall be provided at the entrances to enclosures required in subsection (6)b.1 and such doors or gates shall be kept in a fully closed position when the enclosure is not in use.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located in front of or closer to a street right-of-way than the principal building or structure.

Trash dumpsters, recycling containers and other exterior refuse storage shall not be located on, adjacent to or in front of any building wall containing a primary building entrance.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-780. - Landscaping and green space regulations.

The landscaping and green space regulations as set forth in this section shall apply in the Neighborhood Commercial (B-3) zoning district. In the event any of these regulations conflicts with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Building facades within public view shall have adjacent landscaping.

(2)

At least 25 percent of the area of each building lot or project site shall be developed as green space.

(3)

A minimum of one shrub shall be required for every 3,000 square feet of lot area.

(4)

A minimum of one tree shall be required for every 5,000 square feet of lot area. All proposed deciduous trees shall be a minimum of one and three-quarter inches in diameter and all evergreen trees shall be a minimum of four feet in height at the time of planting. Large maturing shade trees shall account for at least 50 percent of the total trees required.

(5)

Where practical, stormwater detention areas shall be incorporated into site development plans and may be utilized as required green space.

(6)

Landscape buffers (trees, hedges, plantings, berms or a combination thereof) shall be installed adjacent to and across from all residential areas.

(7)

A bond or letter of credit shall be required to ensure the completion of all required landscaping.

(8)

All landscaping and green space areas required by this section shall be properly maintained.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-781. - Sign regulations.

The sign regulations set forth in this section shall apply in the Neighborhood Commercial (B-3) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Only wall-mounted and monument signs are permitted except as specifically allowed in division 4 of article VI of this chapter, exempt signs.

(2)

Wall-mounted signs shall not occupy more than ten percent of the area of the wall upon which they are mounted.

(3)

No more than one monument sign shall be permitted per lot or tax parcel.

(4)

Monument signs shall not exceed eight feet in height or 40 square feet in area per side.

(5)

The ratio of the height of a monument sign to its width (height/width) shall be less than one.

(6)

Monument signs shall be located adjacent to principal structures.

(7)

Signs may only display the name, logo and street address of the business to which they pertain.

(8)

The total area of all signs on a lot shall not exceed 300 square feet except as specifically allowed as a conditional use in accordance with division 9 of article II of this chapter.

(9)

Signs shall not be highly illuminated and shall not constitute a distraction or nuisance to the public.

(Ord. No. 2010-20, § 1, 8-23-2010)

Sec. 50-782. - Parking, drive and loading area regulations.

The parking, drive and loading area regulations set forth in this section shall apply in the Neighborhood Commercial (B-3) zoning district. In the event any of these regulations conflict with a rule or requirement set forth elsewhere in this chapter, the more restrictive regulation shall apply.

(1)

Curbs and gutters shall be installed around the perimeter or boundary of all parking, drive and loading areas.

(2)

A minimum of ten percent of the surface area of all parking lots shall be landscaped with trees and shrubs.

(3)

All loading areas shall be screened from public view by a berm, wall, solid fence, plantings or a combination thereof at least eight feet high.

(4)

Loading areas shall not face public streets.

(5)

The overall height of light fixtures installed to illuminate parking lots and exterior grounds shall not exceed 30 feet or the height of the principal structure, whichever is lesser.

(6)

Projected surface stormwater runoff rates upon project completion shall not exceed predevelopment rates.

(7)

Sidewalks and pedestrian walkways shall be provided in all developments as an integral part of an overall circulation and transportation network.

(Ord. No. 2010-20, § 1, 8-23-2010)

ARTICLE I

- IN GENERAL

ARTICLE II

ADMINISTRATION AND ENFORCEMENT

ARTICLE III

NONCONFORMING USES5

ARTICLE IV

- DISTRICTS AND DISTRICT REGULATIONS

DIVISION 1. - GENERALLY
DIVISION 2. - SINGLE-FAMILY (R-1) ZONING DISTRICT
DIVISION 3. - SINGLE-FAMILY—DUPLEX BY SUBDIVISION (R-2) ZONING DISTRICT
DIVISION 4. - DUPLEX (R-3) ZONING DISTRICT
DIVISION 5. - MULTIFAMILY (R-4) ZONING DISTRICT
DIVISION 6. - RURAL ESTATE (R-5) ZONING DISTRICT
DIVISION 8. - BUSINESS (B-1) ZONING DISTRICT
DIVISION 9. - HIGHWAY COMMERCIAL (B-2) ZONING DISTRICT
DIVISION 10. - GENERAL INDUSTRIAL (I-1) ZONING DISTRICT
DIVISION 11. - INDUSTRIAL PARK-BUSINESS (I-2) ZONING DISTRICT
DIVISION 12. - INDUSTRIAL PARK-LIGHT INDUSTRY (I-3) ZONING DISTRICT
DIVISION 13. - INDUSTRIAL PARK-HEAVY INDUSTRY (I-4) ZONING DISTRICT
DIVISION 14. - EXISTING INDUSTRIAL (I-5) ZONING DISTRICT
DIVISION 15. - INDUSTRIAL PARK-CORPORATE HEADQUARTERS (I-6) ZONING DISTRICT
DIVISION 16. - PLANNED DEVELOPMENT (PD) ZONING DISTRICT