(a)

Every building or structure erected, any use of land, building or structure, any structural alteration or relocation of an existing building or structure and any enlargement of or addition to an existing use of land, building or structure occurring after the effective date of the ordinance from which this article is derived shall be subject to all regulations of this article which are applicable within the zoning district in which such land use, building or structure shall be located.

(b)

Uses are permitted by right only if specifically listed as uses permitted by right in the various zoning districts. Accessory uses are permitted as indicated in the various zoning districts and if such uses are clearly incidental to the permitted principal uses. Uses permitted under special conditions upon compliance with article IX of this chapter are permitted as listed or where provided for, if the required conditions are met.

(c)

A use of land, buildings or structures not specifically mentioned in the provisions of this article shall be classified upon appeal or by request of the code enforcement officer by the planning commission pursuant to section 109-36.

(d)

No part of a setback area, other open space or off-street parking or loading space required in connection with any use of land, building or structure, for the purpose of complying with this article, shall be included as part of a setback area, open space or off-street parking lot or loading space similarly required for any other use, building or structure.

(e)

No use of land, buildings, structures or portions thereof requiring more than ten parking spaces, as provided in article VIII of this chapter shall be erected or utilized without the prior approval of the site plan in accordance with division 4 of article II of this chapter.

(Code 1979, § 11:1.606)

The regulations herein established in order to promote the public health, safety and general welfare of the residents of the City are uniform throughout each district and shall be applied consistently to each class of land, building or structure within each district. Within each district so established there are three categories of uses:

(1)

Uses permitted by right. Such uses shall be allowed when in accordance with the provisions of this article.

(2)

Use permitted under special conditions. Such use shall be allowed subject to the specific conditions imposed for said use in the article.

(3)

Use permitted by issuance of a special use permit. The special use permit has been established to facilitate the inclusion within a district of certain uses which present potential injurious effects upon the surrounding property, public safety, public health, public services or the general welfare of the community, unless such use is authorized under the specific conditions which may vary depending on the land uses in the surrounding area.

(Code 1979, § 11:1.607)

(a)

Scope, intent and purpose. The provisions of this section apply to the R-1 district. The intent and purpose of the R-1 district is to establish and preserve quiet neighborhoods of single-family homes. This district shall be free from other land uses except those which are both compatible with and convenient to the residents of such a district.

(1)

Uses permitted by right.

a.

Single-family detached dwellings.

b.

State-licensed residential facilities.

c.

Family day care homes.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with article IX of this chapter.

a.

Echo apartments.

b.

Home occupations.

c.

Public service installations.

d.

Borrow pits.

e.

Ponds.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter.

(b)

Dimensional requirements.

(1)

Generally. All lots shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permits; article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 article II of this chapter.

(2)

Principal structures.

Note 1—In situations where residences already exist on either side of the proposed residence, the new structure shall not protrude further into the front yard than the adjacent residence with the smallest front yard setback. When applied to a corner lot, the new structure shall not protrude further into any front yard than an adjacent dwelling fronting the same street as the yard at issue. This provision shall apply to the construction of new principal structures only, and shall not apply to additions or alterations to existing structures.

;le=2;Note 2—In situations where direct vehicular access to the rear yard from a public street or alley or recorded permanent easement of access does not exist, one required side yard shall have a dimension of ten feet, measured perpendicular to the side property line. The required side yard so formed shall not be encroached by porches, chimneys, accessory buildings, or other structures that would prevent the passage of a vehicle through the side yard.

;le=2;Note 3—Total area of all portions of all stories having a ceiling height of seven feet, six inches or more, including the thickness of surrounding walls, but excluding basements and attached garages.

(3)

Accessory buildings.

(Code 1979, §§ 11:1.610—11:1.612)

(a)

Scope, intent and purpose. The provisions of this section apply to the R-2 district. The intent and purpose of the R-2 district is to provide areas for medium density residential development in portions of the City already developed at similar densities. The district also allows for some limited nonresidential uses which are determined to be both compatible and convenient to the district's residents.

(1)

Uses permitted by right.

a.

Single-family detached dwellings.

b.

Two-family dwellings.

c.

State-licensed residential facilities.

d.

Family day care homes.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter.

a.

Accessory (echo) apartments.

b.

Home occupations.

c.

Public service installations.

d.

Lodginghouses and boardinghouses.

e.

Public recreation and playground areas.

f.

Borrow pits.

g.

Ponds.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of division 7 of article IX of this chapter.

(b)

Dimensional requirements for R-2 zones.

(1)

Generally. All lots conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(2)

Principal structures.

;le=2;Note 1—In situations where residences already exist on either side of the proposed residence, the new structure shall not protrude further into the front yard than the adjacent residence with the smallest front yard setback. When applied to a corner lot, the new structure shall not protrude further into any front yard than an adjacent dwelling fronting the same street as the yard at issue. This provision shall apply to the construction of new principal structures only, and shall not apply to additions or alterations to existing structures.

;le=2;Note 2—In situations where direct vehicular access to the rear yard from a public street or alley or recorded permanent easement of access does not exist, one required side yard shall have a dimension of ten feet, measured perpendicular to the side property line. The required side yard so formed shall not be encroached by porches, chimneys, accessory buildings, or other structures that would prevent the passage of a vehicle through the side yard.

;le=2;Note 3—Total area of all portions of all stories having a ceiling height of seven feet, six inches or more, including the thickness of surrounding walls, but excluding basements and attached garages.

(3)

Accessory buildings.

(Code 1979, §§ 11:1.620—11:1.622)

(a)

Scope, intent and purpose. The provisions of this section apply to the R-3 district. This district is provided to accommodate a higher density of residential development than is allowed in R-1 and R-2 districts. This district shall only include areas within the City which are located adjacent to arterial and/or collector streets. Said district shall also be located near neighborhood commercial services and other essential services necessary to service the needs of high density development.

(1)

Uses permitted by right.

a.

Two-family detached dwelling.

b.

State-licensed residential facilities.

c.

Family day care homes.

d.

Multiple-family dwellings.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter.

a.

Home occupations.

b.

Public service installations.

c.

Lodginghouses and boardinghouses.

d.

Public recreation and playground areas.

e.

Borrow pits.

f.

Ponds.

g.

Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter.

(b)

Dimensional requirements for R-3 zones.

(1)

Generally. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(2)

Principal structures.

;le=2;Note 1—In situations where residences already exist on either side of the proposed residence, the new structure shall not protrude further into the front yard than the adjacent residence with the smallest front yard setback. When applied to a corner lot, the new structure shall not protrude further into any front yard than an adjacent dwelling fronting the same street as the yard at issue. This provision shall apply to the construction of new principal structures only, and shall not apply to additions or alterations to existing structures.

;le=2;Note 2—In situations where direct vehicular access to the rear yard from a public street or alley or recorded permanent easement of access does not exist, one required side yard shall have a dimension of ten feet, measured perpendicular to the side property line. The required side yard so formed shall not be encroached by porches, chimneys, accessory buildings, or other structures that would prevent the passage of a vehicle through the side yard.

;le=2;Note 3—Total area of all portions of all stories having a ceiling height of seven feet, six inches or more, including the thickness of surrounding walls, but excluding basements and attached garages.

(3)

Accessory buildings.

(Code 1979, §§ 11:1.630—11:1.632)

(a)

Scope, intent and purpose. The provisions of this section apply to the R-4 district. The intent and purpose of the R-4 district is to provide areas in the City for the location of manufactured home parks and to ensure that the residents of such areas will be provided with certain minimum standards of design, safety and convenience. The areas shall be situated in localities where street condition, utility size and condition, as well as other public services, are available and conducive to higher density residential development.

(1)

Uses permitted by right.

a.

State-licensed residential facilities.

b.

Family day care homes.

c.

Manufactured home parks.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter.

a.

Home occupations.

b.

Public service installations.

c.

Public recreation and playground areas.

d.

Borrow pits.

e.

Ponds.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter.

(b)

Dimensional requirements for R-4 zones.

(1)

Generally. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(2)

Park area.

(3)

Per manufactured home.

Minimum lot area may be reduced by 20 percent if recreation area is increased by a corresponding amount.

(Code 1979, §§ 11:1.640—11:1.642)

(a)

Scope, intent and purpose. The provisions of this section apply to the D-1 district. This district allows for a variety of residential and commercial uses in those areas of the City where different or unlike uses already exist side by side. In order to minimize the inherent conflict between some uses, the district requires, in some instances, greater minimum side and rear yards and/or buffers of natural and manmade materials between unlike uses. Generally speaking, the greater the difference between adjoining land uses, the more distance and screens will be required.

(1)

Uses with special conditions. Uses permitted under special conditions (includes both conditions contained in this section and division 7 of article IX or article VI of this chapter):

a.

Single-family dwellings.

b.

Two-family dwellings.

c.

Accessory (echo) apartments.

d.

Home occupations.

e.

Public service installations.

f.

Private residential swimming pools. Private swimming pools (those which are constructed to be used with a single-family dwelling) do not require a permit if the pool is less than 24 inches deep and less than 250 square feet in area, except when equipped permanently with a water receiving system or involving structural materials.

Where there is a swimming pool that is 24 inches deep or more at any point, a fence or enclosure shall be erected no less than four feet above the underlying ground. All gates must be self latching with latches made inaccessible from the outside to small children. Whenever an enclosed swimming pool is installed, it shall meet all applicable setback requirements.

g.

Public recreation and playground areas.

h.

Signs and name plates. See section 109-463.

i.

Vehicle parking. Off-street parking spaces shall be provided as specified in article VIII of this chapter.

j.

Customary accessory uses.

k.

Temporary buildings. For uses incidental to construction work, such buildings shall be removed upon the completion or abandonment of the construction work or within the period of one year, whichever period of time is the shortest.

l.

Household pets may be kept on a noncommercial basis when properly housed and fenced. Except when a kennel license has been granted or written permission has been given by the chief of police, household pets may not exceed two in number for any one residence, and shall at all times be housed or fenced within an enclosure or restrained by a rope which will not permit them to run at large outside the confines of the owner's property or otherwise kept under control of the owner. No other animals shall be kept on residential land unless the same are situated on a farm of not less than 20 acres. (Please refer to the definition of household pet.)

m.

Nursing homes.

n.

Public (federal, state and local) buildings and structures.

o.

Retail green house and nurseries.

p.

Automobile parts and tire stores.

q.

Automobile/gasoline service stations and commercial garages.

r.

Building materials, farm implements and garden supplies for retail sales (without outdoor storage).

s.

Convenience retail.

t.

Fast food establishment (without drive-through service).

u.

General retail.

v.

Banks and other financial institutions.

w.

Miscellaneous business and service establishments.

x.

Funeral homes.

y.

Office establishments.

z.

Condominiums and site condominiums.

aa.

Community residential care facilities of six or less persons.

bb.

Lodginghouses and boardinghouses.

cc.

State licensed residential care facilities.

dd.

Laundromats and dry cleaners.

ee.

Restaurants and taverns.

ff.

Vehicular sales and service.

gg.

Residential units are permitted on floors other than the first/ground floor level (loft areas), providing all applicable provisions of the current construction code are met.

hh.

Medical services.

ii.

Rapid printing establishments.

jj.

Family day care homes.

(2)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter:

a.

Golf courses and country clubs.

b.

Educational institutions such as public or private elementary and secondary schools and institutions for higher education.

c.

Residential planned unit developments.

d.

Commercial free standing towers.

e.

Bed and breakfasts.

f.

Multiple-family dwellings.

g.

Sanitariums.

h.

Religious institutions.

i.

Fast food establishments (with drive-through service).

j.

Veterinary hospital.

k.

Indoor theater.

l.

Shopping center.

m.

Building materials, farm implements and garden supplies for retail sales (with outdoor storage).

n.

Pool halls, video arcades, bowling alleys, dance halls, etc.

o.

Motels and hotels.

p.

Publishing houses.

q.

Truck and rail terminals.

r.

Warehousing.

s.

Other uses similar and compatible.

t.

Self service storage; upon completion of compliance with division 7 of article VI of this chapter (supplemental regulations.)

u.

Child care center/day care center.

(b)

Dimensional requirements. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; division 7 of article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(c)

Required buffer/landscaping.

(1)

In the D-1 district when unlike land uses, as classified in the table in subsection (b) of this section, are being proposed, the party initiating the new or change in use will be required to construct a buffer which meets or exceeds the minimum requirements as delineated in subsection (d) of this section. Berms will be required of the initiating party regardless of whether it is the less intensive of the two uses.

(2)

Berms will be required, wherever applicable, on the rear and two side property lines of an interior parcel and on the rear and side lines of a corner parcel.

(3)

The class of buffer required will depend on the immediately adjoining land use. Therefore, it may not be uncommon to have one class of buffer along a rear property line and different buffer on the respective side property lines.

(4)

Required buffer.

(d)

Minimum buffer requirements (per 100 feet).

Note— For buffer classes B and C only, four-foot-high earthen berm may be substituted for 50 percent of the required plants. Also for buffer classes B and C only, a six-foot stockade fence or similar may be substituted for 50 percent of the required plants.

(1)

Buffers or performance bonds must be in place prior to the issuance of the occupancy permit.

(2)

Parking is not permitted in the required buffer.

(3)

Please refer to section 109-545 for recommended plant types and minimum sizes. (Note: Spacing does not apply.)

(Code 1979, §§ 11:1.650—11:1.654)

(a)

Scope, intent and purpose. The provisions of this section apply to the C-1 district. The general business district encompasses the majority of the City's commercial districts and is intended to include a broad range of enterprises from the small commercial establishments and professional offices to neighborhood shopping centers to strict commercial development to shopping centers and malls. Parcels included in this district should be situated on either arterial or collector streets and be developed as not to harm adjoining residential areas. Small scaled uses are permitted by right while larger developments require a special use permit.

(1)

Uses permitted by right.

a.

Retail greenhouses and nurseries.

b.

Veterinary hospitals.

c.

Automobile parts and tires.

d.

Convenience retail.

e.

General retail.

f.

Medical services.

g.

Banks and other financial institutions.

h.

Miscellaneous business service establishments.

i.

Funeral homes.

j.

Laundromats and dry cleaners.

k.

Motels and hotels.

l.

Office establishments.

m.

Indoor theaters.

n.

Pool halls, video arcades, bowling alleys, dance halls and similar uses.

o.

Restaurants and taverns.

p.

Rapid printing establishments.

q.

Child care/day care center.

r.

Public (federal, state and local) buildings and structures.

s.

Marihuana provisioning center.*

t.

Marihuana retailer.*

*Excluding C-1 zoned properties located:

1.

West of US Highway 41, beginning from the Interstate Bridge, continuing north to the US Highway 41/10th Avenue bridge intersection.

2.

On 10th Avenue, from the US Highway 41/10th Avenue bridge intersection, continuing west through 26th Street.

3.

East of 10th Street, beginning from the bank of the Menominee River, continuing north on 10th Street/US Highway 41 to 26th Avenue.

4.

On 13th Street, beginning from the corner of 13th Street and 11th Avenue, continuing north along 13th Street to 56th Avenue.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter:

a.

Public service installations.

b.

Building materials, farm implements or garden supplies for retail sales (without outdoor storage).

c.

Fast food establishments without drive-through service.

d.

Residential units are permitted on floors other than the first/ground floor level (loft areas), providing all applicable provisions of the current construction code are met.

e.

Jobbing and machine shops.

f.

Self-service storage.

g.

Vehicle sales.

h.

Automobile/gasoline service stations and commercial garages.

i.

Borrow pits.

j.

Ponds.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter.

(b)

Dimensional requirements for C-1 zones. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; division 7 of article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(Code 1979, §§ 11:1.660—11:1.662; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

(a)

Scope, intent and purpose. The provisions of this section apply to the C-2 district. The C-2 district includes established business areas both near and away from the waterfront and where applicable is designed to accommodate, preserve and encourage commerce on or near the waterfront. The requirements of this district are designed to allow each enterprise to maximize the advantage of being on or near the water wherever applicable. This is accomplished, in part, by requiring 25 percent of the lot width to remain clear of any structures in order to help preserve views of the water. An (h) after a district means that is a use permitted in the historic district

(1)

Uses permitted by right.

a.

Retail greenhouses and nurseries.

b.

Veterinary hospitals.

c.

Automobile parts and tires.

d.

Convenience retail (h).

e.

General retail (h).

f.

Medical services (h).

g.

Banks and other financial institutions (h).

h.

Miscellaneous business service establishments (h).

i.

Funeral homes (h).

j.

Laundromats and dry cleaners (h).

k.

Motels and hotels (h).

l.

Office establishments (h).

m.

Indoor theaters (h).

n.

Pool halls, video arcades, bowling alleys, dance halls, similar uses (h).

o.

Restaurants and taverns (h).

p.

Vehicles sales.

q.

Rapid printing establishments.

r.

Child care/day care center.

s.

Public (federal, state and local) buildings and structures.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter:

a.

Public service installations (h).

b.

Automobile/gasoline service stations and automobile repair/commercial garages.

c.

Building materials, farm implements or garden supplies for retail sales (without outdoor storage).

d.

Fast food establishments (without drive-through service) (h).

e.

Residential units are permitted on floors other than the first/ground floor level (loft areas) providing all applicable provisions of the current construction code are met (h).

f.

Self-service storage.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter:

a.

Marihuana provisioning center.*

b.

Marihuana retailer.*

*Excluding C-2 zoned properties located:

1.

West of US Highway 41, beginning from the Interstate Bridge, continuing north to the US Highway 41/10th Avenue bridge intersection.

2.

On 10th Avenue, from the US Highway 41/10th Avenue bridge intersection, continuing west through 26th Street.

3.

East of 10th Street, beginning from the bank of the Menominee River, continuing north on 10th Street/US Highway 41 to 26th Avenue.

(b)

Dimensional requirements for C-2 zones. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permit; division 7 of article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

;le=2;Note 1—The dimensional requirements of the table in subsection (c) of this section are not applicable to structures/buildings located in the historic district and existing on May 9, 2004, or at the time of subsequent amendment to this article.

;le=2;Note 2—Any lot within a C-2 district, and lying between First Street or that portion of 10th Street which is between the intersections of 7th Street and of North Shore Drive and the waters of Green Bay is a designated waterfront area.

Where it has been determined that the proposed structure, building or parcel is in the historic overlay district, the developer shall be required to meet the requirements of division 6 of article II of this chapter.

(Code 1979, §§ 11:1.670—11:1.672; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

(a)

Scope, intent and purpose. The provisions of this section apply to the M-1 district. It is the intent of this district to provide for a variety of industrial uses characterized by relatively low traffic generation and the absence of objectionable external affects. Such areas are intended to have existing utilities and be free of incompatible uses and designed and developed so as not to harm adjoining conforming uses.

(1)

Uses permitted by right.

a.

Building materials, farm implements or garden supplies for retail sales (with outdoor storage).

b.

Jobbing and machine shops.

c.

Manufacturing plants.

d.

Publishing houses.

e.

Truck and rail terminals.

f.

Warehousing.

g.

Millwork plants.

h.

Automobile parts and tires.

i.

Marihuana grower establishment.

j.

Marihuana grower facility.

k.

Marihuana processor establishment.

l.

Marihuana processor facility.

m.

Marihuana safety compliance facility.

n.

Marihuana safety compliance establishment.

o.

Marihuana secure transporter establishment.

p.

Marihuana secure transporter facility.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter.

a.

Open outdoor storage.

b.

Research and development laboratories.

c.

Contractor yards.

d.

Woodyards.

e.

Exterior above ground storage of hazardous materials.

f.

Public service installations.

g.

Industrial laundry.

h.

Self-service storage.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter:

a.

Marihuana provisioning center.

b.

Marihuana retailer.

(b)

Performance standards. It shall be unlawful to carry on or permit to be carried on any activity or operation of use of any land, building or equipment that produces irritants to the sensory perceptions greater than the measures herein established which are hereby determined to be the maximum permissible hazards to humans or to human activity.

(1)

Sound. Objectionable noises due to intensity, intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.

(2)

Odor. The emission of noxious, odorous matter such as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(3)

Gasses. The escape of or emission of any gas which is injurious or destructive or explosive shall be unlawful and may be summarily caused to be abated.

(4)

Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line except during the period of construction of the facilities to be used and occupied.

(5)

Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible and shall be so arranged as far as practical to reflect light away from any residential use and in no case shall more than one footcandle power of light cross a lot line five feet above the ground in a residential district. These standards assume a snow-free condition.

(6)

Smoke, dust, dirt and fly ash. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminator in violation of state and federal law.

(7)

Drifted and blown material. The drifting or airborne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.

(8)

Other forms of air pollution. It shall be unlawful to discharge into the atmosphere any substance in excess of standards approved by the state department of environmental quality.

(9)

Liquid or solid wastes. It shall be unlawful to discharge at any point any materials in such a way or of such nature or temperature as can contaminate any surface waters, land or aquifers, or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the state department of environmental quality.

(10)

Hazardous wastes. Hazardous wastes as defined by the state department of environmental quality shall be disposed of by methods approved by the state department of environmental quality.

(c)

Dimensional requirements for m-1 zones. All lots of record shall conform to the minimum dimensions for lot area, lot width, front, rear and side yards; all lots shall conform with the required dimensions for maximum lot coverage, minimum floor area and maximum height of buildings specified in the site development standards as set forth in this article and in this section, except as otherwise stated in the text of this section or as modified by article VI of this chapter, special use permits; division 7 of article IX of this chapter, supplemental regulations; or as varied by the zoning board of appeals pursuant to division 3 of article II of this chapter.

(Code 1979, §§ 11:1.681—11:1.683; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

(a)

Scope, intent and purpose. The provisions of this section apply to the M-2 district. It is the intent of this district to establish and preserve suitable areas for industrial parks.

(1)

Uses permitted by right: All uses permitted in section 109-334(a)(1).

(2)

Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter: All uses permitted in section 109-334(a)(2).

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter:

a.

Marihuana provisioning center.

b.

Marihuana retailer.

(b)

Dimensional requirements for M-2 zones. All dimensional requirements set forth in section 109-334(c) shall apply except where they conflict with the following provisions, in which case, the following provisions shall apply:

(1)

No part of any building or structure shall be erected, constructed, reconstructed, substantially altered or extended nearer than 50 feet from the street line of any such site within said park. Employee parking of vehicles shall be prohibited within 50 feet of said line. Said 50 feet shall be graded and sodded or graded and seeded between the public highway shoulder and the building face in such manner as will produce a reasonable lawn, except in such areas thereof as may be required for landscaped areas, driveways, walks or visitor parking.

(2)

No trees may be removed from any building site or parking lot site unless reasonably necessary for the use of such site. All peripheral trees shall be retained at all times.

(3)

All driveways within said park shall be surfaced with hot mixed asphalt concrete or Portland cement concrete from the public highway to the front building face. All walks shall be of Portland cement concrete. All landscaping of drives and walks shall be completed at the time of the construction of the building or structure erected on such sites.

(4)

No part of any building shall be erected, constructed or extended nearer than ten feet of any interior side lot line.

(5)

The total of all buildings and structures erected on any such site shall not occupy more than one-third of the total area of said site.

(6)

The front of all buildings and structures on any site within said park shall be faced with decorative masonry or other material approved by the City Council, and said facing shall extend a minimum of 20 feet on each side of all buildings or structures to a natural dividing point. Where concrete block masonry is used, it shall be painted two coats of paint and shall be a decorative pattern block or other decorative treatment of plain block as approved by the City Council. All faces of buildings and structures shall be kept in good repair and appearance at all times.

(7)

All buildings on the lots shall be constructed of wood, masonry, steel or concrete or any combination thereof.

(8)

One parking stall for vehicles on areas less than 180 square feet, excluding drives and approaches shall be provided on each site for every 1,000 square feet of building area or one stall for every two employees, whichever is greater. Parking stalls shall be added to each site as required to accommodate all employees. Variance may be granted by the City Council for warehouses or similar uses upon reasonable proof that such parking restrictions are not realistic. City streets within said park shall not be designed by the City to provide parking thereon.

(9)

All loading docks shall be on the rear or side of the buildings located in the industrial park.

(10)

All material or products stored outside of the building shall be so stored at the rear of such building set back line from the street and shall be screened from view from the street with solid fencing or screening approved by the City Council. All trash and refuse shall be enclosed by a fence of solid material such as will provide a suitable visual screen thereof. Minimum height of such fences shall be six feet. Such fences shall be kept painted and in reasonable repair so as to be generally accepted for reasonable appearance. Wire fence shall not be acceptable for such purpose.

(11)

No rubbish may be burned on the premises of any site except in an incinerator especially constructed and designed for such operation.

(12)

No signs or billboards shall be permitted other than signs on the site which advertise the product manufactured on such site or which describes the name of the firm or corporation owning or occupying such site. No signs shall be permitted which extend above the elevation of the roofline of the closest building on the same building site. All signs shall be nonflashing and nonmoving and shall be above six feet in height from the ground when located in front yards, shall not be ornamented and shall require the approval of the City Council prior to installation thereof.

(13)

The following uses shall not be permitted in the park:

a.

Auto wrecking or repairing, salvage yards, used material yards, storage or baling of waste or scrap metals, bottles or junk.

b.

Central mixing plant for asphalt, mortar, plaster or concrete.

(14)

The City shall have the right at any time to enter upon a site which has been vacated or abandoned for a period of 90 days or more, for the purpose of performing such maintenance as may be necessary to prevent the exterior of any building and grounds from deteriorating or becoming unsightly or otherwise detracting from the appearance and general character of the park. Any expense incurred by the City thereon shall be charged against the said property so vacated or abandoned and it shall be the obligation of the owner, lessee or sublessee to pay such expense to the City upon written demand by the City for such payment.

(15)

All public utilities within any site area installed by the developer or the owner of such site shall be underground, including electricity supply, telephone service, gas, water and sewer services within the lot areas of such site.

(Code 1979, §§ 11:1.690—11:1.692; Ord. of 8-21-2023(2); Ord. of 10-18-2024)

(a)

Scope, intent and purpose. The provisions of this section apply to the PL district. It is the intent of this district to establish and preserve suitable areas for facilities and institutions which are owned or operated by governmental or quasi-governmental agencies for purposes necessary to secure the public health, safety or welfare, and which require relatively large land areas which are free from other uses.

(1)

Uses permitted by right. Uses permitted by right: None.

(2)

Uses with special conditions. Uses permitted under special conditions upon compliance with division 7 of article IX of this chapter: None.

(3)

Uses with special use permit. Uses permitted by the issuance of a special use permit upon compliance with the provisions of article VI of this chapter.

(b)

Dimensional requirements for PL zones. Due to the varied nature of the uses contemplated within the district, the specific dimensional requirements for any use within the district are to be approved by the planning commission and stated in the special use permit issued for each specific use.

(Code 1979, §§ 11:1.695—11:1.697)