(a)

General requirements. Business district regulations are intended to govern the development and use of a full range of business establishments needed to provide service to the citizens of Janesville and its trading area. The various business district regulations are designed to secure compatible groupings of business and commercial establishments in accordance with their intended functions and extent of services.

(1)

Permitted uses. Each building, structure and parcel and the erection, construction, reconstruction, moving or structural alteration of such shall hereafter be used or occupied in conformity with all the provisions specified for the district in which it is located. No land or buildings shall be devoted to any use other than a use permitted in the business district in which such land, structure, or building shall be located.

(2)

Nonconforming uses. All buildings, structures and land which were lawful before the ordinance codified in this chapter was adopted or amended, and which become legally nonconforming as a result of the adoption of the ordinance codified in this chapter or amendment, shall be subject to the provisions of Section 42-359.

(3)

Conditional uses. Conditional uses, as listed in each business district, may be allowed only in the business district indicated. Said conditional use shall be subject to the issuance of conditional use permits in accordance with the procedures set forth in Section 42-272.

(4)

Outside display of merchandise.

a.

Storage of materials and equipment, business servicing and processing and display of merchandise shall be conducted within completely enclosed buildings with the exception of seasonal merchandise which may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, a required green area or obstruct vehicular or pedestrian access.

b.

This section does not apply to the display of operable motor vehicles, boats, recreational vehicles, mobile homes, snowmobiles, and snowmobile trailers; however, these vehicles shall not be parked on the required green area or on the required off-street parking area. In addition this section shall not apply to a once annual special tent sale as defined in this chapter and approved through a site plan review in accordance with Subsection 42-273 to ensure compliance with Subsection (4) of this section.

(5)

Use of trucks, travel trailers or mobile homes as principal or accessory uses.

a.

No truck, travel trailer, mobile home or similar vehicle shall be permitted in business districts as a principal building.

b.

No truck, travel trailer, panel truck, mobile home or similar vehicle shall be permitted on any premises in a business district for more than 72 consecutive hours or for more than 96 hours in any 168-hour period as an accessory building or use or for storage of materials except as provided below:

1.

Such vehicle is completely screened from view;

2.

Such vehicle is used as a construction office parked on the construction site and only for the duration of the construction; or

Seasonal sales not exceeding six weeks and subject to outside display of merchandise in Subsection (4) of this section.

(6)

Green area.

a.

Green area shall be permanently provided and properly maintained on each lot devoted to any permitted district. Such green area shall not be devoted to service driveways, walks, off-street parking spaces, loading berths, or other similar use, but shall include landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers, and other types of aesthetic treatment.

b.

The green area requirement is based on gross lot area. Gross lot area does not include the area between the sidewalk and the future curbline as shown in the JATS plan; however, such area may be used to fulfill up to 25 percent of the green area requirement authorized by the Site Plan Review Coordinator. The Site Plan Review Coordinator will consider in his or her review of such a credit one or more of the following:

1.

The quality and size of landscape planting within the green areas provided on-site, and installation of terrace trees within the adjoining terrace;

2.

Redevelopment sites where the ability of providing green area in front of the building is limited; and

3.

The amount of green area provided in front of the building over the minimum requirement.

c.

At least 50 percent of the green area shall be provided in the front or corner side yard between the principal building and the front or corner side property line.

(7)

Enclosure of refuse storage area. Trash or refuse storage areas are permitted outside the principal building, provided that:

a.

Such storage areas are screened from view from any point on the perimeter of the site except as approved otherwise by the Site Plan Review Committee.

b.

Such storage area enclosure shall be made of the same material as the immediate adjacent wall of the principal building or such other material as would not detract from the immediate surrounding neighborhood as approved by the Site Plan Review Committee.

c.

Such storage area enclosure shall extend from the ground level to a minimum height of five feet and in no case shall be lower in height than that of trash receptacles.

(8)

Driveway openings. Driveway openings shall be located at least 40 feet from a block corner. The maximum driveway opening shall be 36 feet at the curb and 30 feet at the sidewalk line. Where a driveway is in joint use with adjoining properties, there shall be at least ten feet of drive on each parcel.

(9)

Screening. There shall be provided and maintained a permanent screening buffer strip along any boundary of a business district which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees which, at the time of planting, shall be a minimum of three feet in height and three feet in width and shall, within a period of four years, attain a height and width of at least five feet. When such screening is within the required front or corner side yard, the maximum height shall be 30 inches. The Building Division Director may modify the screening requirements when screening exists on adjoining property.

(10)

Setback. Setbacks shall be as provided in each of the business districts, except where at least 50 percent of the lots improved with buildings on one side of the street within the same block have a front setback less than required by this chapter, an average front setback shall be computed for the block. Any new building and new alteration of any existing building may conform to that average front setback. For the purpose of computing such an average front setback, vacant lots within such block shall be considered as having the maximum front setback required in that district.

(b)

District requirements.

(1)

B1 Neighborhood Convenience District. This district is intended to accommodate high quality convenience shopping and service uses at intensities compatible with residential districts and where traffic volumes and adjacent land uses dictate a transition between residential and more intensive nonresidential uses. The district is primarily intended to permit commerce and services that are necessary to satisfy basic shopping needs which occur daily or frequently, thus requiring that such uses be located in relative proximity to places of residence. The desired compatibility and transition is achieved within the district through the application of detailed requirements for green areas, landscaping, architecture, site lighting, traffic and pedestrian improvements, signage and other site plan and amenity standards.

a.

General conditions.

1.

All business establishments shall be office, retail or service establishments dealing directly with consumers.

2.

Dwelling units are permitted above the first floor of a building at densities allowed in the R3M Medium Density Residence District. A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building. Only one business may be located in a building that also contains a residence on the first floor.

3.

The outside conduct, display or storage of any product, inventory, materials, equipment or service is prohibited, including, but not limited to, seasonal merchandise, beverage machines, ice machines, LP gas tank storage, pallets, landscape plants or materials, and children's amusement rides. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure.

4.

Hospitals are prohibited.

b.

Permitted uses.

1.

Any use permitted in O3 District except as specified in Subsection (b)(1)a of this section;

2.

Apparel and apparel accessory stores;

3.

Art and craft stores;

4.

Banks and other types of financial institutions;

5.

Barbershops;

6.

Beauty shops;

7.

Book, stationery, newspaper or magazine stores;

8.

Camera and photographic stores;

9.

Candy, confectionery, or ice cream stores;

10.

Card, curio and gift shops;

11.

Coffee shops;

12.

Drugstores;

13.

Dry cleaning establishments retail only;

14.

Florist shops;

15.

Food stores, bakeries, grocery stores, meat and fish markets, delicatessens, and fruit and vegetable markets, convenience stores without petroleum product dispensing, sales or storage;

16.

Garden supply stores;

17.

General merchandise stores;

18.

Hardware stores;

19.

Laundries, self-service, coin-operated;

20.

Liquor stores;

21.

Locksmith shops;

22.

Photography studios;

23.

Optical goods stores;

24.

Post offices (branch only);

25.

Radio, music and musical instruments and computer stores;

26.

Retail bakeries;

27.

Small electrical appliance, clock, watch and jewelry sales and repair shops;

28.

Sport equipment and clothing stores;

29.

Shoe repair shops;

30.

Tax return preparation stores;

31.

Underground public utility uses such as, electric substations, sewage lift stations, water pumping stations, water reservoirs, telephone transmission equipment, gas regulator stations;

32.

Video tape rental and sales stores;

33.

Exercise studio.

c.

Conditional uses. The following may be allowed in B1 District subject to the provisions of Section 42-272:

1.

Planned unit developments for permitted and conditional uses allowed within the B1 district subject to compliance with the standards outlined in this chapter and Section 42-274;

2.

Drive-up or drive-through facilities in conjunction with any use permitted within the district except that such facilities in conjunction with any restaurant or food service use are prohibited within the district;

3.

Private outdoor recreational activity accessory to a listed permitted use;

4.

Above ground public utility uses such as: electric substations, water reservoirs, telephone transmission equipment, gas regulator stations, sewage lift stations, water pumping stations and other similar utility use;

5.

Restaurants no greater than 7,500 gross square feet in total building size and with no banquet or meeting rooms seating more than 50 people, and also with no drive-up or drive-through facilities. Outdoor cafe seating shall be included in the total allowed square footage;

6.

Large developments as defined by having any one of the following:

(i)

Any development containing a building of more than 15,000 gross square feet.

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure, improvements, design theme or elements, or development or subdivision name.

(iii)

Any development which contains more than one building per site, lot or parcel.

d.

Minimum lot area. None.

e.

Minimum lot width fronting a public street. 100 feet.

f.

Maximum building size. Principal buildings, 15,000 square feet, except that restaurants shall not exceed a total gross floor area of 7,500 square feet and buildings greater than 15,000 square feet may be permitted by Plan Commission approval of a conditional use permit for a large development containing such a structure.

Accessory buildings, 750 square feet. Only one accessory building is permitted per lot or parcel.

g.

Maximum height. The maximum height of any building, structure or use shall not exceed 40 feet and any such building shall not contain more than two stories above grade.

h.

Minimum setbacks. Minimum setbacks required from the property line to principal and accessory buildings, structures and uses and off-street parking. Property which adjoins any of the following roadways shall provide setbacks as specified within each category.

1.

Major U.S. or state highways.

(i)

Special setback requirement. The setback for buildings and structures from property line along the following major U.S. or State highways shall be 80 feet from such highway or 50 feet from an access or frontage road adjacent to said highway, whichever is greater. Parking shall meet the local street setback requirements.

(ii)

Setback requirements for principal and accessory buildings, structures, uses and off-street parking from the property lines for the remainder of the property not adjoining a major U.S. or State highway shall be as required for local streets as set out in Subsection h.2 of this section.

2.

Local street.

(i)

Front yard, corner yard and any other property line adjoining a public street right-of-way line: 25 feet;

(ii)

Side yard: ten feet or none if common party fire wall is provided;

(iii)

Rear yard: ten feet except corner lots which will be treated as having two side yards;

(iv)

Adjoining a residence district: Where a building or structure is located on a lot which adjoins a residence district, a side yard setback equal in dimension to the height of the building or structure and a rear yard setback equal in dimension to the height of the building or structure or 25 feet, whichever is greater, shall be provided. The above setback requirements shall apply only to that portion of the lot adjoining the residence district.

3.

Parking shall be set back a minimum of 15 feet from any front or corner yard property line and five feet from all other property lines except when adjoining a residence district where the set back shall be ten feet.

i.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside planted and maintained as green area except sites that contain buildings greater than 15,000 square feet in size shall provide 30 percent of the total lot area as green area.

j.

Site access. Vehicle access for nonresidential development is prohibited from a local residential street unless said point of access is within 500 feet of a through or connecting arterial street as enumerated in Chapter 38 or, in the opinion of the City Engineer, said local street will eventually be classified as a through or connecting arterial street.

k.

Signs. The intent of the following provisions is to reduce the impacts of sign installation and associated lighting on properties surrounding development on sites located within the B1 District. The standards contained herein recognize that the general sign provisions found within Chapter 28 allow a multitude of under regulated sign options that are not compatible with development intended to adjoin residential land uses. As such the following standards regarding sign installation shall apply in addition to those applicable from said Chapter 28.

1.

Standards of this section that are more restrictive than those found in Chapter 28 shall prevail.

2.

Installation or use of any of the following types of sign, as they are defined in Chapter 14, is prohibited: Attention-getting devices, banners, directional signs, electronic message signs, instructional signs, mobile signs, off-premises signs, roof signs.

3.

On-premises ground signs shall comply with the following regulations:

(i)

The ground sign is located where otherwise permitted but in no event less than two feet from a parking lot, driveway, highway, other right-of-way, sidewalk, or property line and in no event within a vision triangle as defined in Section 42-354(a) for uncontrolled intersections, which shall be applied to the following areas of the property:

A.

All property corners located at street intersections and along all side property lines; and

B.

At all intersections of driveways and sidewalks leading from the site to the adjoining property line or right-of-way lines. For these locations, the outside pavement, curb or sidewalk edges shall be used as the interior leg of the vision triangle and the intersecting property line as the other.

(ii)

The ground sign shall not exceed 32 square feet of total area, including the sign base except for parcels having 600 lineal feet or more of frontage on public streets, in which case, the ground sign area may not exceed 64 square feet, including the sign base. The surface area of the sign base shall be calculated based on the total perimeter boundary of the base from ground plane to the bottom of the sign area and from outside edge to outside edge of the vertical sides. Any openings in the base shall be included within the area calculation. Properties adjoining state and federal highways may increase the above-noted ground sign areas to 75 and 125 square feet respectively.

(iii)

No more than one such ground sign shall be permitted or located per parcel.

(iv)

Ground signs shall not exceed six feet in height except where a property adjoins a state or federal highway then the ground sign shall not exceed a height of ten feet.

4.

Wall signs may only be installed on facades of buildings that face a public street or parking area. No internally illuminated wall sign shall be placed on a wall or building elevation that adjoins or is opposite a residential zone district.

5.

Within this district, window signs shall be considered wall signs and thus subject to all regulations pertaining to wall signs.

(2)

B2 Community Shopping District. The B2 Community Shopping District is designed to provide for the needs of a much larger consumer population than is served by the neighborhood convenience district; thus a wider range of uses and structure sizes is permitted for both daily and occasional shopping. This district is generally located astride major commercial arterials and designed to be mapped for the larger shopping center.

a.

General conditions.

1.

All business establishments shall be retail or service establishments dealing directly with consumers.

2.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

A dwelling unit shall be permitted on the first floor if the dwelling unit is occupied by the owner of a business located in the same building;

(ii)

Lodging rooms shall be permitted on the first floor of a hotel or motel.

b.

Permitted uses.

1.

Any use permitted in B1 District;

2.

Antique shops;

3.

Appliance stores, household;

4.

Arcade establishments with mechanical amusements;

5.

Art and school supply stores;

6.

Automobile supply store, retail sales only;

7.

Banks and financial institutions having no drive-in facilities;

8.

Bicycle sales, rental and repair;

9.

Camping and recreation equipment; but not including sale of motorized vehicles;

10.

Carpet and rug stores;

11.

China and glassware stores;

12.

Clothing stores;

13.

Custom dressmaking;

14.

Department stores;

15.

Furniture and home furnishing stores;

16.

Glass and window shops;

17.

Golf equipment sales, retail;

18.

Gun shops;

19.

Health clubs;

20.

Hobby shops;

21.

High fidelity and stereophonic equipment;

22.

Interior decorating shops;

23.

Jewelry stores; including watch repair;

24.

Leather goods and luggage stores;

25.

Mail order service stores;

26.

Music instrument sales and repairs;

27.

Music stores; sheet music, phonographs;

28.

Needlework and notions;

29.

Newsstands;

30.

Offices and shop facilities for building, electrical, plumbing, painting, and heating and air conditioning contractors, provided there shall be no outside storage of materials, heavy equipment, or trucks over 8,000 pounds g.v.w.;

31.

Office supply stores;

32.

Outdoor cafes;

33.

Paint and wallpaper stores;

34.

Pet shops;

35.

Picture framing, when conducted on-premises for retail trade;

36.

Printers and printing shops;

37.

Production and repair of artwork, needlework, clothing, and jewelry, retail;

38.

Radio, TV, electronic equipment, retail sales and repair;

39.

Radio and TV recording studios;

40.

Rental equipment stores, no outdoor display or storage of equipment;

41.

Restaurants, not including drive-in types;

42.

Restaurants with liquor licenses, provided at least 50 percent of gross revenues are from the sale of food and nonalcoholic beverages;

43.

Schools, music, dance and business;

44.

Secondhand stores and rummage shops, retail sales of clothing and household goods;

45.

Sewing machine sales and service;

46.

Shoe stores;

47.

Sporting goods stores;

48.

Tailor shops;

49.

Taxidermy shops;

50.

Theaters, not including drive-in theaters;

51.

Tobacco stores;

52.

Toy shops;

53.

Upholstery repair;

54.

Variety stores;

55.

Automobile rental.

c.

Conditional uses. The following may be allowed in B2 District subject to the provisions of Section 42-272:

1.

Animal hospitals and veterinary services in enclosed buildings;

2.

Archery lanes;

3.

Bowling alleys;

4.

Drive-in banks and other types of financial institutions with drive-in facilities;

5.

Drive-in restaurants;

6.

Hospitals;

7.

Hotels;

8.

Motels;

9.

Planned unit developments as provided for in Section 42-274 for permitted and conditional uses as provided in the B2 District;

10.

Taverns and cocktail lounges, with or without a beer garden;

11.

Private outdoor recreational activities accessory to a listed permitted use;

12.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing.

13.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

14.

Gasoline service stations. Gasoline service stations shall be permitted only in accordance with the following procedures, regulations and standards:

(i)

Approval of new stations. No building permit for a new gasoline station shall be issued until a conditional use permit has first been issued by the Plan Commission. The applicant shall apply for such conditional use permit as provided in Section 42-272.

(ii)

Location. No station shall be permitted unless it adjoins one of the following streets:

(iii)

Plan Commission findings. The Plan Commission shall, in addition to the standards established for conditional uses, Section 42-272, also consider the following conditions prior to taking action on the request:

A.

Will the use of the site for a service station impair, endanger, inhibit or in some manner impede the proper flow of vehicular or pedestrian traffic in, about or on the street upon which such service station fronts?

B.

Will the auxiliary service unit, such as bulk tank trucks and other serving units, be inherently dangerous in the geographical location due to population or traffic density or pattern?

C.

Will the proposed station comply with all applicable standards presented herein or with other applicable laws or codes?

D.

In determining its findings, the Plan Commission shall take into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in such buildings and traffic conditions in the vicinity.

(iv)

Standards.

A.

Lot area.

(1)

Gasoline dispensing station: 10,000 feet;

(2)

Gasoline dispensing and service: 10,000 square feet, 2,000 square feet per bay.

B.

Lot width.

(1)

Gasoline dispensing station: 100 feet;

(2)

Gasoline dispensing and service: 120 feet.

C.

General provisions.

(1)

All activities necessary for or incidental to the operation of the station shall be conducted entirely within the building with the following exceptions:

(a)

Emergency services and tire changing;

(b)

Dispensing of gasoline and those minor service functions which are customarily performed while dispensing gasoline.

(2)

Seasonal merchandise as defined in this article may be displayed on the premises, provided such display does not encroach upon a required setback, a required off-street parking area, a required green area or obstruct vehicular or pedestrian access. In addition, the following shall be permitted, provided they conform to all setback lines:

(a)

Outside tire cabinets or tire merchandisers for the display and storage of tires only will be permitted outside the building, provided that such cabinets are of a totally enclosed type.

(b)

Coin-operated machines for vending of soft drinks and similar items will be permitted outside the building, provided that such machines are located in an orderly manner.

D.

Inoperative, vacant or abandoned service stations. Any inoperative, vacant or abandoned service station shall not be permitted to apply for a building permit to reopen such station until the following provisions are complied with:

(1)

A complete set of plans as required in site plan review Subsection (d) of Section 42-273 that show compliance with:

(a)

Location: Subsection (b)(2)c.15(ii) of this section;

(b)

Driveway openings: Subsection (a)(8) of this section;

(c)

Green area requirements: Subsection (a)(6) of this section;

(d)

Sign ordinance: Chapter 28;

(e)

General provisions: Subsection (b)(2)c.15(iv) of this section.

(2)

A favorable recommendation of the Site Plan Review Committee. A negative recommendation will be automatically forwarded to the Plan Commission which will have authority to grant or deny such request.

For the purposes of this subsection, any station which has been abandoned, vacant or inoperative for any seven consecutive days in the 60-day period prior to the application for the new station, or which has been used for other than a gasoline station for any seven consecutive days, excluding Saturdays, Sundays and holidays in the 60-day period shall be considered an abandoned, vacant or inoperative station.

15.

Motorized recreational vehicle sales and repair (and uses incidental thereto) to include motorcycles, snowmobiles, small personal watercraft, ATVs, side-by-sides, scooters and go carts.

16.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation.

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements

(iii)

Any development that contains more than one building per site, lot or parcel.

d.

Lot area. None.

e.

Lot width. None.

f.

Maximum building height. None.

g.

Minimum setback requirements. The requirements for setbacks in the B2 District shall be the same provided in the B1 District.

h.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area. Planted and provided as regulated in Sections 42-360 and 42-361.

i.

Off-street parking and loading. Provided as regulated in Sections 42-360 and 42-361.

(3)

B3 General Commercial District. The B3 General Commercial District is intended to accommodate those motorist-oriented commercial activities which may be incompatible with uses in other business districts, and whose service area is not confined to any one neighborhood or community. This district is generally located along major commercial arterials.

a.

General conditions.

1.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

2.

All business establishments shall be retail or service establishments unless otherwise provided herein.

b.

Permitted uses.

1.

Any use permitted in the B2 District, except as specified in Subsection (b)(3)a of this section;

2.

Amusement establishments within enclosed buildings: Bowling alleys, gymnasiums, swimming pools, skating rinks, handball court, archery lanes, tennis courts and other similar uses;

3.

Animal hospital or veterinary services, provided all kennels are within completely enclosed buildings;

4.

Auction rooms;

5.

Automobile rental;

6.

Automotive repair shops but not body shops;

7.

Bakeries with retail, wholesale and garage facilities;

8.

Boat storage, sales and repairs and uses incidental thereto;

9.

Bus stations;

10.

Exterminating shops;

11.

Furniture refinishing shops;

12.

Hotel;

13.

House and office cleaning service;

14.

Greenhouses, retail sales on-premises;

15.

Golf driving ranges and par three courses;

16.

Lawnmower shops;

17.

Machinery, vehicle and equipment sales all within enclosed buildings;

18.

Cemetery monument sales, including outdoor display of monuments;

19.

Motel;

20.

Motor vehicle sales and automotive equipment sales;

21.

Outdoor cafe/beer garden;

22.

Parking lots and storage garages for motor vehicles;

23.

Railroad passenger stations;

24.

Recreational vehicle sales;

25.

Schools, commercial or trade;

26.

Taverns and cocktail lounges;

27.

Trailer sales;

28.

Truck rental;

29.

Used car lots.

c.

Conditional uses. The following may be allowed in B3 District subject to the provisions of Section 42-272.

1.

Planned unit developments as provided for in Section 42-273 for permitted and conditional uses in the B3 District;

2.

Gasoline service stations in accordance with Subsection (b)(2)c.14 of this section;

3.

Feed stores;

4.

Kennels;

5.

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

(v)

Hospitals;

(vi)

Body shops;

(vii)

Welding shops;

(viii)

Wholesale establishments;

6.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

7.

Storage and warehousing establishments;

8.

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

9.

Sheltered workshops;

10.

Private outdoor recreational activity as either the principal or accessory use;

11.

Hatcheries within completely enclosed buildings. No hatchery shall in any manner create or cause any nuisance, including, but not limited to, noise or odor;

12.

Research and development activities;

13.

Miniwarehouses, provided that the following conditions are met:

(i)

All storage materials shall be kept entirely within the buildings. No outdoor storage is permitted;

(ii)

The selection of building materials and design shall be compatible with the character of the surrounding neighborhood;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

Microbreweries with or without on-site food sales;

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel;

18.

Brewpubs.

d.

Lot area. None.

e.

Lot width. None.

f.

Maximum building height. None.

g.

Minimum setback requirements:

1.

Front yard: 25 feet;

2.

Corner side yard: 25 feet;

3.

Side yard: Ten feet or none if a common party fire wall is provided;

4.

Rear yard: Ten feet.

Adjoining a residence district: where a building or structure is located on a lot which adjoins a residence district, a side yard setback equal in dimension to the height of the building or structure and a rear yard setback equal in dimension to the height of the building or structure or 25 feet, whichever is greater, shall be provided.

h.

Green area. Not less than ten percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

i.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(4)

B4 Business Highway District. The B4 Business Highway District is intended to accommodate the special needs of the persons and vehicles traveling on the freeway and intersecting highways. The B4 District is generally located around the interchanges and intersecting highways.

a.

General conditions. Dwelling units are permitted above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

b.

Permitted uses.

1.

Any use permitted in the B3 District.

2.

Adult entertainment or adult oriented establishments. Such adult entertainment or oriented establishment is a permitted use only upon compliance with each and every one of the following conditions:

(i)

Such premises has been granted an adult entertainment license, pursuant to, and the establishment is otherwise in conformity with, Chapter 4, as from time to time amended, renumbered or otherwise modified.

(ii)

The adult entertainment or adult oriented establishment shall be located at least 1,000 feet from any established public school, parochial school, hospital, medical clinic, church, licensed youth entertainment center, residential district, public park, day care center and other adult-oriented establishment, or an establishment with either any Class B or Class A fermented malt beverage or intoxicating liquor alcohol beverage license. Such distances shall be measured from the property line or boundary line of the above-listed use.

c.

Conditional uses. The following may be allowed in B4 District subject to the provisions of Section 42-272:

1.

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

2.

Feed stores;

3.

Kennels;

4.

Drive-in establishments:

(i)

Restaurants;

(ii)

Banks and financial institutions;

(iii)

Carwashes;

(iv)

Theaters;

5.

Body shops;

6.

Welding shops;

7.

Travel trailer parks with recommendation by the Plan Commission and approval by City Council in accordance with the provisions of Section 42-276;

8.

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

9.

Storage and warehousing establishments;

10.

Wholesale establishments;

11.

Private outdoor recreational activity as either the principal or accessory use;

12.

Research and development activities;

13.

Public utility and public service facilities with accessory outdoor storage within a screened area as approved by the Plan Commission;

14.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

15.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

16.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

17.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel.

18.

Hospitals;

19.

Brewpubs;

20.

Microbreweries with or without on-site food sales;

21.

Sheltered workshops.

d.

Lot area. None.

e.

Lot width. None.

f.

Maximum building heights. None.

g.

Minimum setback requirements. The requirements for setbacks in the B4 District shall be the same as provided in the B2 District.

h.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

i.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(5)

B5 Central Business District. The B5 Central Business District constitutes the downtown core area of the City. It is intended to accommodate all those retail, service, housing, recreation, specialty shops and necessary civic services that are characteristic of the traditional central area.

a.

General conditions.

1.

Dwelling units are permitted only above the first floor except in the following two situations:

(i)

Lodging rooms shall be permitted on the first floor of a hotel or motel;

(ii)

Dwelling units shall be permitted on the first floor subject to the provisions of Section 42-272, conditional uses, and Subsection (5)c.10 of this section as approved by the Plan Commission.

2.

All business and servicing, except off-street parking and loading shall be conducted within completely enclosed buildings.

3.

Except for banks and financial institutions, drive-in establishments dealing directly with consumers are prohibited.

b.

Permitted uses.

1.

Any use permitted in the B2 District, except as specified in Subsection (b)(5)a of this section;

2.

Radio, TV and recording studios;

3.

Outdoor cafe/beer garden;

4.

Taverns and cocktail lounges;

5.

Hotels and motels;

6.

Community living arrangements for 15 or fewer individuals, provided such facility is located no closer than 2,000 feet from an existing community living arrangement.

c.

Conditional uses. The following may be allowed in a B5 District subject to the provisions of Section 42-272:

1.

Drive-in banks or other types of financial institutions;

2.

Auction rooms;

3.

Community living arrangements for more than 15 individuals provided such facility is located no closer than 2,000 feet from an existing community living arrangement;

4.

Research and development activities;

5.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

6.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

7.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel;

8.

Brewpubs;

9.

Microbreweries with or without food sales;

10.

First floor residential dwelling units, subject to the following restrictions:

(i)

First floor residential use may be established if at least 25 percent of the ground floor area remains devoted to retail or business use, as permitted in the district, for buildings located along Main and Milwaukee Streets. The business use shall occupy the traditional store front area of the building and the Plan Commission may reduce this standard, as necessary, in the establishment of a business use in the store front area of the structure;

(ii)

Access to residential dwellings may occur along front entryways of buildings adjoining Main and Milwaukee Streets in accordance with the subsections provided herein;

(iii)

Exterior features and architectural elements of existing building facades must not be altered in a manner which detracts significantly from the character of other buildings within the same block, or across the street from the property;

(iv)

Clear ingress and egress shall be established pursuant to all applicable building and fire codes, as amended from time to time;

(v)

Compliance with all other applicable city codes and regulations as may be required to allow for residential occupancy of first floor areas.

d.

Lot area. None.

e.

Lot width. None.

f.

Maximum building height. None.

g.

Minimum setback requirements. None, except as provided below:

1.

If a lot in the B5 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet;

2.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

h.

Green area. None.

i.

Off-street parking and loading. None.

(6)

B6 Central Service District. The B6 Central Service District is designed primarily to furnish areas served by the Central Business District with a wide variety of services or functions which may be incompatible if located directly within the core area. The B6 District also serves as potential expansion area for the B5 District.

a.

General conditions. All business, servicing excepting off-street parking and loading shall be conducted within completely enclosed buildings.

b.

Permitted uses.

1.

Any use permitted in the B3 District and/or B5 District;

2.

Publication and newspaper printing.

c.

Conditional uses. The following may be allowed in B6 District subject to the provisions in Section 42-272:

1.

Drive-in establishments;

2.

Gasoline service stations subject to provisions of Subsection (b)(2)c.14 of this section;

3.

Body and paint shops;

4.

Dams and electrical generating facilities;

5.

Multifamily apartment buildings not less than two stories in height;

6.

Warehouse establishments;

7.

Correctional institutions;

8.

Building material sales with accessory outdoor display of merchandise within a screened area as approved by the Plan Commission;

9.

Wholesale establishments;

10.

Private outdoor recreational activities as either the principal or accessory use;

11.

Research and development activities;

12.

Production of cabinets, countertops, mattresses and other household furnishings for retail sale only, not manufacturing for wholesale;

13.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing;

14.

Lodginghouses, roominghouses or boardinghouses located above the first floor;

15.

Large developments as defined by having any one of the following characteristics:

(i)

Any development containing a building with a ground floor footprint of 25,000 square feet or more, as measured at the building foundation;

(ii)

Any development on a single site containing five or more acres or the development of multiple sites that collectively total five acres or more when said multiple sites are developed with any common link or nexus, including, but not limited to, shared infrastructure or physical site improvements;

(iii)

Any development that contains more than one building per site, lot or parcel;

16.

Brewpubs;

17.

Microbreweries with or without on-site food sales.

d.

Lot area. None.

e.

Lot width. None.

f.

Maximum building height. None.

g.

Minimum setback requirements. None, except as provided below:

1.

If a lot in the B6 District is situated adjoining a residence district, the following setback requirements shall apply:

(i)

Side yard: eight feet;

(ii)

Rear yard: 25 feet.

2.

The above setback requirements shall apply only to that portion of the lot adjoining the residence district;

h.

Green area. Not less than five percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

i.

Off-street parking and loading. Provided as required in Sections 42-360 and 42-361.

(7)

BT Business Technology District. The Business Technology District is intended to permit high quality office, education, research and technology, light manufacturing, and business service uses that would provide a transition between industrial and commercial uses. The district permits a mix of commercial and manufacturing uses that have limited outside storage needs. In addition, the district prohibits large scale warehousing and wholesaling distribution uses which generate high levels of semi-truck traffic and require large areas devoted to loading docks, semi-truck parking and/or outdoor storage. The business technology district is intended to be located adjacent to arterial streets and highways. The district provides large green areas and significant amounts of landscaping and building design in accordance with the physical development standards to ensure an attractive high quality corporate environment.

a.

General conditions.

1.

Dwelling units are permitted only above the first floor, except that in a hotel or motel, lodging rooms are permitted on the first floor.

2.

No parking is permitted in required setback areas.

3.

The outside sale, display or storage of any product, inventory, materials, equipment or service is prohibited including seasonal merchandise, except as provided in Section 42-357(b)(7)k. This prohibition does not apply to outside trash and recyclable storage when in an approved screen enclosure.

4.

Wholesaling and warehousing uses are prohibited except as an accessory activity to a permitted use. In no case may the wholesale and warehouse activity comprise more than 50 percent of the square footage of the area associated with the principal use.

5.

Architectural and landscaping requirements including construction shall be in compliance with the physical development standards, Article XI of this chapter.

6.

All uses shall be conducted in such a manner so as to preclude any nuisance, hazard, or commonly recognized offensive conditions, or characteristics, including creation or emission of dust, gas, smoke, noise, fumes, odors, vibrations, particulate matter, chemical compounds, electrical disturbance, humidity, heat, cold, glare, or night illumination. Prior to issuance of an occupancy permit, the Building Division Director may require evidence that adequate controls, measures, or devices have been provided to ensure and protect the public interest, health, comfort, convenience, safety, and general welfare from such nuisance, hazard, or offensive condition.

b.

Permitted uses. Any light assembly, production, processing, cleaning, servicing, or testing uses which may include the repair of materials, goods or products, located within completely enclosed buildings, including the following:

1.

Electronic and electrical products and instruments, such as transistors, semiconductors, small computers, scanners, monitors and compact communication devices;

2.

High technology products related to the fields of physics, chemistry and biology;

4.

Laser technology, radiology, x-ray and ultrasound products, manufacturing and assembly;

5.

Medical and dental supplies;

6.

Optical, fiber optical and photographic products and equipment;

7.

Orthopedic and medical appliances, such as artificial limbs, brace supports and stretchers;

8.

Scientific and precision instruments and components, including robotics;

9.

Specific products not listed above but similar in intent and character may be permitted as provided in Section 42-357;

10.

Research and development activities and testing laboratories;

11.

Telecommunication centers;

12.

Mail-order establishments;

13.

Printing and publishing;

14.

Data entry or processing;

15.

Computer support or development operations;

16.

Sheltered workshops;

17.

Business technology incubators;

18.

Business and professional offices;

19.

Medical and dental clinics;

20.

Professional or personal services;

21.

Hotel and motels;

22.

Banks and other types of financial institutions;

23.

Hospitals;

24.

Business, commercial or trade schools;

25.

Training centers;

26.

Health clubs;

27.

Restaurants;

28.

Educational and institutional uses (public and philanthropic);

29.

Day care centers (nine or more children);

c.

Conditional uses. The following may be allowed in the BT District subject to the provisions of Section 42-272:

1.

Public utility uses, such as, electric substations, water reservoirs, fire stations, telephone transmission equipment buildings, telephone exchanges and gas regulator stations.

2.

Planned unit developments as provided in Section 42-274 for permitted and conditional uses in the BT District.

3.

Private outdoor recreational activities, accessory to listed permitted uses.

4.

Drive-up or drive-through facilities in conjunction with any use permitted within the district.

5.

Banquet facilities and convention centers.

6.

Communication towers, including, but not limited to, radio, television, microwave relay, cellular phone and all other towers. Television and radio antennas 30 feet or less in height are not included in this listing.

d.

Lot area. One acre.

e.

Lot width. 100 feet.

f.

Minimum setback requirements. The requirements for setbacks in the BT District shall be the same provided in the B1 District.

g.

Maximum building height. None.

h.

Green area. Not less than 20 percent of the gross lot area shall be permanently set aside, planted and maintained as green area.

i.

Screening. There shall be provided and maintained a ten-foot-wide permanent screen buffer strip along the boundary of an BT District which adjoins a residence district. Such screening shall be a living hedge, shrubs or trees, which at the time of planting shall be a minimum of three feet in height and three feet in width and shall within a period of four years obtain a height of at least five feet. When such screening is within the required front and corner side yard maximum height shall be 30 inches. The Site Plan Review Coordinator may modify the screening requirements when screening exists on adjoining property. The Site Plan Review Coordinator may also substitute an opaque fence in addition to or in combination with the screening requirement.

j.

Off-street parking and loading. As provided in Sections 42-360 and 42-361.

k.

Storage areas. All storage, except for licensed motor vehicles in operable condition, shall be within completely enclosed buildings, or effectively screened with an opaque screening not less than six nor more than eight feet in height, and no storage shall exceed the height of such screening. All outside storage areas shall be located to the rear of buildings and shall be limited to not more than five percent of the total lot area.

(Code 1976, § 18.36.040; Ord. No. 2019-763, §§ I, II, 9-9-2019; Ord. No. 2021-816, § I, 5-24-2021; Ord. No. 2024-890, §§ I, II, 5-13-2024; Ord. No. 2025-920, § I, 8-25-2025)